M.Balagurusamy v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :21.09.2015
CORAM
THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P(MD).No.17041 of 2015 M.Balagurusamy
...Petitioner
Vs.
1.The District Collector, Tirunelveli District, Tirunelveli.
2.The Tahsildar, (Social Security Scheme), Ambasamudram Taluk, Tirunelveli District.
...Respondents
This Writ Petition has been filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondents to disburse old age pension under Indira Gandhi National Old Age Pension Scheme(IGNOAPS) w.e.f. August 2014 in the light of the sanction order of the second respondent in K.M.3 ,. nj.K.c.bjh.2961/ 11 dated 27.07.2011 to the petitioner. For petitioner : Mr.J.Ashok For Respondents : Mr.S.Kumar, Additional Government Pleader
ORDER
The Writ Petition has been filed praying for a Writ of Mandamus directing the respondents to disburse the old age pension to the petitioner under Indira Gandhi National Old Age Pension Scheme(IGNOAPS) to the petitioner w.e.f. August 2014 in the light of the sanction order of the second respondent in K.M.3 ,.nj.K.c.bjh.2961/ 11,dated 27.07.2011.
2. Mr.S.Kumar, learned Additional Government Pleader takes notice for the respondents.
3. By consent, the Writ Petition itself is taken up for final disposal.
4. The case of the petitioner is that the petitioner is having six daughters and out of them five daughters have got married and they are living separately. Presently, the petitioner is living https://hcservices.ecourts.gov.in/hcservices/
with his wife and unmarried daughter in his native village. The petitioner was an agricultural coolie and now due to old age, he is not in a position to do any physical work for his livelihood. The petitioner is eligible to get old age pension and therefore, he applied for the same by enclosing all the necessary documents. After verification, the second respondent by his proceeding, dated 27.07.2011 sanctioned old age pension to the petitioner. As per the said order, the petitioner received monthly pension of Rs.1,000/- w.e.f August 2011 and continued to receive the same till July 2014. But all of a sudden, the second respondent, for the reasons best known to him stopped the pension from August, 2014. Thereafter, the petitioner approached the second respondent and requested him to disburse the old age pension.
But the second respondent orally informed that the petitioner is not eligible to get old age pension. Thereafter, the petitioner has made a representation, dated 29.09.2014 to the first respondent and the same was forwarded to the second respondent to take appropriate action. But the same was not considered so far. Hence, the petitioner has come forward with the present Writ Petition for the above stated relief.
5. Considering the submissions made by the learned counsel for the petitioner, without going into the merits of the averments made in the Writ Petition, this Court directs the petitioner to give a fresh representation to the second respondent along with a copy of this order within a period of two weeks from the date of receipt of a copy of this order and on receipt of the same, the second respondent is directed to consider the same and pass appropriate orders on merits and in accordance with law, with regard to disbursement of old age pension to the petitioner in the light of the sanction order of the second respondent in in K.M.3 ,.Nj.K.c.njh.2961/ 11 dated 27.07.2011, within a period of six weeks thereafter.
With the above direction, the Writ Petition is disposed of. No Costs.
Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The District Collector, Tirunelveli District, Tirunelveli. 2.The Tahsildar, (Social Security Scheme), Ambasamudram Taluk, Tirunelveli District.
+1cc to Mr.Jeyapaul Associates,Advocate Sr.No. 55681 +1cc to Spl.GOvernemnt Pleader Sr.No. 55797 pm AA/AN-MP/08.10.2015/2p-5c W.P(MD).No.17041 of 2015 21.09.2015 https://hcservices.ecourts.gov.in/hcservices/