Karpagavalli.K v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:28.02.2023

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI K.Karpagavalli ... Petitioner Vs.

1.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Sivakasi Revenue Division, Sivakasi, Virudhunagar District.

2.The Tahsildar, Sivakasi Taluk Office, Sivakasi, Virudhunagar District.

3.The Accountant General (Accounts & Entitlements), No.361, Anna Salai, Teynampet, Chennai - 600 018.

4.The Sub-Treasury Officer, Sivakasi Sub-Treasury, Sivakasi, Virudhunagar District.

... Respondents Prayer:Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to pay the Widow Family Pension to the petitioner by considering the petitioner's 1/6

representation, dated 12.07.2022 and 26.09.2022 within the time stipulated by this Court.

For Petitioner : Mr.C.Gangai Amaran For RR1, 2 and 4 : Mrs.K.Christy Theboral, Additional Government Pleader For R-3 : Mr.P.Gunaseelan

O R D E R

This writ petition has been filed for a direction to the respondents to pay the Widow Family Pension to the petitioner, by considering the petitioner's representation, dated 12.07.2022 and 26.09.2022, within a specified period.

2. The case of the petitioner is that the petitioner's father namely U.Karuthupandi, was appointed as Village Assistant on temporary basis at Sevalur Village on 01.04.1982. Subsequently, he was appointed as Full Time Village Assistant on 01.06.1995 as per G.O.Ms.No.625, Revenue Department, dated 06.07.1995. Thereafter, he retired on 23.06.2006. Subsequently, the pension proposal of the petitioner's father was forwarded by the first respondent to the third 2/6

respondent/Accountant General Office at Chennai, for approval and disbursement. Subsequently, he had been drawing the monthly pension. After demise of the petitioner's father, the mother of the petitioner has been drawing the family pension and she also died on 07.02.2017 leaving behind the petitioner and her sisters. The grievance of the petitioner is that she got married to one Thangam, but he died on 24.06.2012. Hence, the petitioner has made a representation to the second respondent on 26.09.2022 seeking widow pension in terms of G.O.Ms.No.325, Finance (Pension) Department, dated 28.11.2011, whereby unmarried/divorced daughter of Government Servants are entitled to family pension during her lifetime. The said representation was not considered so far. Hence, the petitioner has filed this writ petition with the aforesaid prayer.

3. The learned counsel appearing for the petitioner would submit that it would suffice, if the second respondent is directed to dispose of the representation of the petitioner, dated 26.09.2022, on merits and in accordance with law, within a specified period. 3/6

4. The learned Additional Government Pleader appearing for the respondents 1, 2 and 4, has no serious objection for such an order being passed by this Court.

5. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the second respondent to consider the petitioner's representation, dated 26.09.2022 and pass appropriate orders, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

28.02.2023 PM NCC:Yes/No Index:Yes/No 4/6

To 1.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Sivakasi Revenue Division, Sivakasi, Virudhunagar District.

2.The Tahsildar, Sivakasi Taluk Office, Sivakasi, Virudhunagar District.

3.The Accountant General (Accounts & Entitlements), No.361, Anna Salai, Teynampet, Chennai - 600 018.

4.The Sub-Treasury Officer, Sivakasi Sub-Treasury, Sivakasi, Virudhunagar District.

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M.DHANDAPANI,J.

pm 28.02.2023 6/6