P.Alagupillai, v. State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :28.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN WP(MD)No.7520 of 2018 and WMP(MD).No.9581 of 2018 P. Alagupillai ... Petitioner Vs.

1.State of Tamil Nadu rep. by the Principal Secretary, School Education Department, State of Tamil Nadu, Secretariat, Chennai -9.

2.The Principal Accountant General, Office of the Principal Accountant General, AG's Officer Complex, 361, Anna Salai, Teynampet, Chennai, Tamil Nadu - 600 018.

3.The District Collector, Office of the District Collector, Madurai.

4.The Chief Educational Officer, Officer of the Chief Educational Officer, Talakullam,Madurai District.

5.The District Education Officer, Officer of the District Education Officer, Alagar Kovil Road, Talakulam, Madurai District. 6.The Thasildar, Office of the North Taluk,Madurai District.

7.The Headmaster, Government Boys Higher Secondary School, Karugalakudi, Madurai.

8.Muthumari 9.Minor Selvabharathi 10.Minor Santhiya (Minors 9th and 10th respondents rep. by mother and natural guardian 8th respondent herein) ... Respondents (R8 to R10 impleaded vide Court order dated 28.03.2019 W.M.P(MD)No.12164 of 2018)

PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 to 5 to pay pension and all other retirement benefits towards the death of the petitioner's son P.Murugesan by considering the petitioner's representation dated 26.02.2018 within the time stipulated by this Court.

For Petitioner : Mr.R. Alagumani For R1 and R3 to R6 : Mrs. S. Srimathy Special Government Pleader R7 : No Appearance For R2 : Mr.P.Gunasekaran

ORDER

This Writ Petition has been filed to direct the respondents 1 to 5 to pay pension and all other retirement benefits due to the death of the petitioner's son viz., P.Murugesan, by considering the petitioner's representation, dated 26.02.2018. 2.The learned Counsel appearing for the petitioner would submit that the petitioner's representation seeking for family pension, due to the demise of her elder son, has not been considered so far and hence, the petitioner has come forward with the present Writ Petition.

3.The learned Special Government Pleader appearing for the respondents 1 to 6 produced the Service Record of the deceased before this Court, wherein, the deceased employee nominated his wife to receive the pensionary benefits and hence, the relief sought for by the petitioner cannot be granted.

4. Recording the said submission made by the learned Special Government Pleader appearing for the official respondents, this Writ Petition is closed. No costs. Consequently, connected Miscellaneous Petition is also closed.

Sd/- Assistant Registrar / True Copy / Sub Assistant Registrar(CS) trp

To 1.The Principal Secretary, School Education Department, State of Tamil Nadu, Secretariat, Chennai -9.

2.The Principal Accountant General, Office of the Principal Accountant General, AG's Officer Complex, 361, Anna Salai, Teynampet, Chennai, Tamil Nadu - 600 018.

3.The District Collector, Office of the District Collector, Madurai.

4.The Chief Educational Officer, Officer of the Chief Educational Officer, Talakullam, Madurai District.

5.The District Education Officer, Officer of the District Education Officer, Alagar Kovil Road, Talakulam, Madurai District.

6.The Thasildar, Office of the North Taluk, Madurai District.

7.The Headmaster, Government Boys Higher Secondary School, Karugalakudi, Madurai.

+1CC to Mr.N.MADHAVA GOVINDAN,Advocate(SR-57429[F] dated 28/03/2019) +1 CC to M/s.P.GUNASEKARAN,Advocate(SR-57863[F] dated 29/03/2019) +1 CC to M/s.R.ALAGUMANI ( SR-57937[F] dated 29/03/2019 ) +1 CC to M/s.SPL GP ( SR-57992[F] dated 29/03/2019 ) WP(MD)No.7520 of 2018 and WMP(MD).No. 9581 of 2018 ES/14.05.2019/3P/12C