J. Mariam v. The Chief Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:12.02.2020

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA J.Mariam ... Petitioner Vs.

1) The Chief Secretary, O/o the Chief Secretary, Chennai.

2) The Social Welfare Officer, O/o the Social Welfare Officer, Social Welfare Department of Tamil Nadu, Saidapet, Chennai 15

3) The District Collector, O/o the District Collector, Madurai District.

4) The Special Tahsildar, Social Security Scheme, North Tashildar Office, Madurai.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to provide the old age pension amount a sum of Rs.1,000/- (Thousand Rupees Only) periodically to me and my husband by considering the petitioner's representation dated 24.08.2019.

For Petitioner : Mr.S.M.A.Jinnah For Respondent : Mr.M.Rajarajan, Government Advocate

O R D E R

Mr.M.Rajarajan, learned Government Advocate takes notice on behalf of the respondents.

2. By consent, the writ petition is taken up for final disposal at the admission stage itself.

3. The Writ Petition has been filed seeking for a Mandamus to direct the respondents to provide the old age pension amount a sum 1/3

of Rs.1,000/- (Thousand Rupees Only) periodically to the petitioner and her husband by considering the petitioner's representation dated 24.08.2019.

4. When the matter was taken up for hearing, the learned Government Pleader produced the proceedings in e/f/vz;.596-2020c/bjh-1, dated 11.02.2020. The said proceedings seems to be relevant to the husband of the petitioner, namely Mr.Sunaith. The above said letter issued by the Tahsildar categorically states that, upon enquiry, the petitioner is only aged about 59 years and as per the rules of the Government, the old age pension is payable only for those who have completed 60 years of age and for those who are helpless.

5. However, as a good gesture, the fourth respondent has passed an order to issue old age pension to the husband of the petitioner Mr.Sunaith.

6. Admittedly, the petitioner has not yet completed 60 years of age. Upon further enquiry, it was found that both the petitioner and as well as her husband have no income and no support to earn their living. The fourth respondent has passed the above order immediately. So far as the petitioner's case is concerned, as and when the petitioner completes 60 years of age, it is open to her to apply for old age pension and the fourth respondent may sympathetically consider her request also. 7.

Recording the proceedings of the fourth respondent/Tahsildar, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) sts To:

1) The Chief Secretary, O/o the Chief Secretary, Chennai.

2/3

2) The Social Welfare Officer, O/o the Social Welfare Officer, Social Welfare Department of Tamil Nadu, Saidapet, Chennai 15

3) The District Collector, O/o the District Collector, Madurai District.

4) The Special Tahsildar, Social Security Scheme, North Tashildar Office, Madurai.

+1 CC to SPL.GP ( SR-6140[F] dated 13/02/2020 ) +1 CC to MR.S.M.A.JINNAH, Advocate ( SR-6293[F] dated 14/02/2020 ) Order made in Dated:

12.02.2020 KM/(06.03.2020) 3P 7C 3/3