Madras High CourtWP(MD)/6958/2018disposed of

Arun Sudhakar, v. The Accountant General,

2019-03-28Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :28.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN WP(MD)No.6958 of 2018 Arun Sudhakar ... Petitioner Vs.

The Accountant General, O/o the Accountant General, (Accounts and Entitlement), No.361, Mount Road, Teynampet, Chennai.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondent and his subordinates to pay the life time arrears of pension of the petitioner's deceased father viz., Seeniappan in PPO.No.R1703925 to him.

For Petitioner : M/s.S.A.Ajmalkhan For Respondent : Mr.P. Gunasekaran

ORDER

This writ petition has been filed seeking to direct the respondent to pay the life time arrears of pension due to his deceased father viz., Seeniappan in PPO.No.R1703925, to the petitioner.

2. The learned counsel appearing for the respondent, on instructions, submitted that the petitioner's mother, who is the wife of the deceased employee, even as on date is receiving the family pension and hence, the claim of the petitioner cannot be considered.

3. Such submission made by the learned counsel appearing for the respondent is refuted by the learned counsel appearing for the petitioner. According to him, relying upon the Registered Will, the petitioner claimed the pension of his father.

4. Considering the rival submissions, this Court, without going into the merits of the case, directs the respondent to consider the claim of the petitioner, on merits and in accordance with law and pass necessary orders, after affording due opportunity of hearing to all the parties concerned, within a period of eight weeks from the date of receipt of a copy of this order. https://hcservices.ecourts.gov.in/hcservices/

5. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (cs-II) // True Copy // Sub Assistant Registrar(CS ) To The Accountant General, O/o the Accountant General, (Accounts and Entitlement), No.361, Mount Road, Teynampet, Chennai.

+1cc to Mr.S.A.Ajmalkhan,Advocate, SR.No.58063 +1cc to Mr.P. Gunasekar,Advocate, SR.No.57861 ORDER MADE IN WP(MD)No.6958 of 2018 28.03.2019 SP/29.04.2019/2P/4C https://hcservices.ecourts.gov.in/hcservices/