Sellastin Jeya Linsee v. The Office Of The Account General (A And E)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.07.2024
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P(MD)No.9990 of 2021 Sellastin Jeya Linsee ... Petitioner Vs.
1.The Office of the Accountant General (A&E), Chennai-600 018.
2.The Inspector of Police, Panagudi Police Station, Panagudi, Tirunelveli, Tamil Nadu-627 109, Tenkasi District.
... Respondents 3.The District Educational Officer, Cheranmahadevi, Tirunelveli, Tirunelveli District.
4.The Management, 5.The Headmaster, ... Proposed Respondents 1/6
(R3 - R5 are impleaded vide Court order, dated 10.07.2024 in W.M.P(MD)No.11363 of 2021) Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent to continue the payment pension payable to the Petitioner's deceased mother Cecily to her legal heirs after her death pursuant to the pension payable order, dated 09.03.2010 in pursuance of Case No.
P 25/4/VR/2009-2010/12501046/PPO under Ref.No.C670321/EDA to the deceased legal heirs fothwith.
For Petitioner : Mr.S.Palani Velayutham For R2-R5 : Mr.M.Sarangan Additionall Government Pleader For R1 : Mr.P.Gunasekaran Standing Counsel
ORDER
The present writ petition has been filed seeking a direction to the 1st respondent to continue the payment pension payable to the Petitioner's deceased mother Cecily to her legal heirs after her death pursuant to the pension payable order, dated 09.03.2010 in pursuance of Case No. P 25/4/VR/2009-2010/12501046/PPO under Ref.No.C670321/EDA to the deceased legal heirs fothwith.
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2. The petitioner's husband one Prakash died on 08.10.2018 and she was fully dependant on her mother, namely Liselli, who served as a Physical Education Teacher in 5th respondent school. While in service, she passed away on 29.04.2021. She was survived by her 3 daughters, namely Sahaya Deisha, Andro Anna Lency and the petitioner who is a widowed daughter. The deceased employee's husband, namely Pavalraj, went missing even for more than a period of 17 years. In view of the same, the petitioner has filed this writ petition seeking payment of family pension to her.
3. The learned standing counsel appearing for the 1st respondent submitted that an application has to be made for the purpose of considering her case for sanction of payment of family pension with all necessary documents.
4. In view of the submission made by the learned standing counsel for the 1st respondent, this Court hereby direct the petitioner to make a man missing complaint as to missing of her father and take necessary steps to register a F.I.R and thereafter, with all necessary documents along with F.I.R, make an application before the 5th respondent for grant of family pension in her favour. The 5th respondent on receipt of the application, is directed to forward the same to the 3rd respondent. The 3rd respondent, thereafter, shall forward the same to 3/6
the 1st respondent. The respondents are directed to consider the application of the petitioner positively as and when they received the same.
5. Accordingly, this Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 10.07.2024 NCC : Yes / No Index : Yes / No Internet : Yes gbg To 1.The Office of the Accountant General (A&E), Chennai-600 018.
2.The Inspector of Police, Panagudi Police Station, Panagudi, Tirunelveli, Tamil Nadu-627 109, Tenkasi District.
3.The District Educational Officer, Cheranmahadevi, Tirunelveli, Tirunelveli District.
4.The Management, 4/6
5.The Headmaster, 5/6
L.VICTORIA GOWRI, J.
gbg 10.07.2024 6/6