Saraswathi .V v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.01.2025
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN V.Saraswathi ... Petitioner Vs 1.The District Collector, Collectorate Office, Theni, Theni District.
2.The Tahsildar, (Social Security Scheme), Uthamapalayam Taluk, Uthamapalayam, Theni District.
... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus to direct the respondents to disburse the destitute widow pension amount along with arrears from 01.07.2022 onwards based on the representation of the petitioner dated 24.08.2022 within a time frame stipulated by this Court.
For Petitioner : Mr.S.Sarvagan Prabhu For Respondents : Mr.D.Gandhi Raj Special Government Pleader 1/5
ORDER
This Writ Petition has been filed by the petitioner for a direction directing the respondents to disburse the pension under the destitute widow pension scheme.
2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.The petitioner got married with one Velusamy. Thereafter the petitioner's husband died and the petitioner was granted pension under the destitute widow pension scheme till 30.06.2022. However all of a sudden she was not paid any pension and stopped the pension under the destitute widow scheme. Therefore, the petitioner submitted a representation seeking pension under the destitute widow scheme.
4.On instructions, the learned Special Government Pleader appearing for the respondents submitted that though the petitioner initially was granted pension under the destitute widow scheme, on the complaint alleging that so many ineligible persons were granted pension under the destitute widow scheme. Therefore, 2/5
on enquiry and inspection found that the petitioner had two sons and three daughters. Her first son is having agricultural land and earning agricultural income and her second son is practising as an Advocate at District Court, Dindigul. One of the petitioner's daughter is an Anganvadi worker and working as an Assistant in Dhevaram. and the petitioner's daughter-in-law is working as an Associate Professor in Dindigul Gandhigramam University. As per the Rules, any family member is under employment and have income, she would not come under the destitute widow cadre. Therefore, the petitioner is not entitled for any pension under the destitute widow scheme and the same was rightly stopped by the respondents and the representation submitted by the petitioner cannot be considered. In view of the above, the Writ Petition itself is devoid of merits and the same is liable to be dismissed. Accordingly, this Writ Petition is dismissed. There shall be no order as to costs. 28.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 3/5
To 1.The District Collector, Collectorate Office, Theni, Theni District.
2.The Tahsildar, (Social Security Scheme), Uthamapalayam Taluk, Uthamapalayam, Theni District.
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G.K.ILANTHIRAIYAN, J.
ps Order made in 28.01.2025 5/5