K.Geetha, v. The Principal,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.09.2023
CORAM:
THE HONOURABLE MR.JUSTICE BATTU DEVANAND and W.M.P.(MD) No.1874 of 2019 K. Geetha
...Petitioner
Vs.
1.The Principal Government College of Engineering Tirunelveli - 627 007.
2.The Accountant General (A& E), Tamil Nadu, 361, Anna Salai, Chennai - 600 018.
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3.Assistant Accounts Officer, O/o. The Principal Accountant General, A & E, Chennai - 600 018.
4.Treasury Officer, O/o. District Treasury, Coimbatore - 641 018. ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Certiorarified Mandamus calling for the records from the second respondent relating to Admissibility Report for Family Pension issued in his proceedings No.AG(A&D) Pension/P13/11311743/2/PPO No.F11311743 dated 25.11.2016 and quash the specification of the share of family pension payable to the petitioner as 50% stated in Serial No.3 of the Admissibility Report for Family Pension Cases and consequently direct the respondents 1 to 3 to revise the family pension payable to the petitioner as 100% in Serial No.3 of the Admissibility Report for Family Pension Cases and direct the fourth 2/7
respondent to pay full family pension to the petitioner herein from 06.01.2019 onwards and the accumulated arrears of Family Pension from 06.01.2012 to 06.01.2019.
For Petitioner : Mr.Venkatasamy For Respondents : Mr.A. Kannan for R1 & R4 Additional Government Pleader Mr.P.Gunasekaran - for R2 & R3 Standing Counsel
O R D E R
Heard Mr.S.Venkatasamy, learned counsel appearing for the petitioner and Mr.A.Kannan, learned Additional Government Pleader appearing for the respondents 1 and 4 and Mr.P.Gunasekaran, learned Standing Counsel appearing for the respondents 2 and 3.
2. This Writ Petition is filed seeking a relief to pay 100% of family pension in respect of C.Maniraj, who is the husband of the 3/7
petitioner and who expired on 06.01.2012 while he was in service, as per the terms of settlement arrived between the parties in Lok Adalat held at Tirunelveli on 22.09.2015.
3. The learned Standing Counsel appearing for the respondents 2 and 3 basing on the averments made in the counter affidavit filed by the respondents 2 and 3 contends that the Family Pension of 50% sanctioned in favour of M.Varunraj, was stopped on attaining the age of 25 years and on receipt of letter No.2415 of 2019 from the first respondent, the respondents 2 and 3 have restored 100% of family pension to the petitioner from 13.01.2019. The statement of the learned counsel is placed on record.
4. In view of the fact that the petitioner is receiving 100% family pension from 13.01.2019, in our considered view, no further adjudication is required in the present Writ Petition. 4/7
5. Accordingly, this Writ Petition is closed.
6. No costs.
7. Consequently, connected miscellaneous petition is closed.
27.09.2023 Index : Yes / No Internet : Yes NCC : Yes / No RM 5/7
To
1. The Principal Government College of Engineering Tirunelveli - 627 007.
2. The Accountant General (A& E), Tamil Nadu, 361, Anna Salai, Chennai - 600 018.
3. Assistant Accounts Officer, O/o. The Principal Accountant Genreal, A & E, Chennai - 600 018.
4. Treasury Officer, O/o. District Treasury, Coimbatore - 641 018.
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BATTU DEVANAND, J.
RM 27.09.2023 7/7