Madras High CourtWP(MD)/14693/2019disposed of

Mathammal v. The Accountant General

2019-07-02Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR W.P(MD)No.14693 of 2019 Mathammal ... Petitioner Vs.

1.The Accountant General (A & E), No.361, Anna Salai, Chennai - 600 018.

2.The Block Educational Officer, Kamuthi - 623 603, Ramanathapuram District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to pay the pensionary benefits of the petitioner's husband Late Gopalakrishnan as per Rule 49(7)(a)(i) of Tamil Nadu Pension Rules in the light of the petitioner's representation dated 11.04.2019.

For Petitioner : Mr.V. Karthikeyan For R1 : Mr. P. Gunasekaran Standing Counsel For R2 : Mr. A. Thiagarajan

ORDER

This writ petition is filed seeking to direct the respondents to pay the pensionary benefits of the petitioner's husband Late Gopalakrishnan as per Rule 49(7)(a)(i) of Tamil Nadu Pension Rules, in the light of the petitioner's representation, dated 11.04.2019, within the stipulated time to be fixed by this Court.

2. Mr.P. Gunasekaran, learned Standing Counsel takes notice for first respondent and Mr. A. Thiagarajan, learned Government Advocate takes notice for second respondent. https://hcservices.ecourts.gov.in/hcservices/

3. By consent of both parties, the writ petition is taken up for disposal at the admission stage itself.

4. Though this petition has been filed to give a positive direction to the respondents, the learned counsel appearing for the petitioner submits that the petitioner will be satisfied, if a direction is issued to the 2nd respondent, to consider the representation of the petitioner, dated 11.04.2019.

6. The learned Government Advocate appearing for the 2nd respondent would submit that the representation of the petitioner will be considered by the respondents on merits and in accordance with law.

7. Having regard to the scope of the prayer made by the petitioner and considering the submissions made on either side, this Court, without expressing any opinion on the merits of the petitioner's case, directs the second respondent to consider the representation of the petitioner, dated 11.04.2019, 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, after affording due opportunity of hearing to the petitioner, if necessary.

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

Sd/- Assistant Registrar (AD-I) // True Copy // Sub Assistant Registrar(CS ) trp To 1.The Accountant General (A & E), No.361, Anna Salai,Chennai - 600 018.

2.The Block Educational Officer, Kamuthi - 623 603,Ramanathapuram District.

+1CC TO M/S.Special Government pleader Sr.No.73519 +1CC To M/S.P.GUNASEKARAN, Advocate, Sr.No.73310 +1CC To M/S.V.KARTHIKEYAN, Advocate, Sr.No.72932 W.P(MD)No.14693 of 2019 02.07.2019 BUC(12.07.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/