Vijayalakshmi.R v. The Secretary To The Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.07.2024

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)No.12152 of 2021 R.Vijayalakshmi ... Petitioner Vs.

1.The Secretary to Government, Home Department, Secretariat, Fort St. George, Chennai-9.

2.The Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai-4.

3.The Accountant General (A&E), 361, Annasalai, Theynampet, Chennai-18.

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4.The Assistant Commissioner of Police (L & O), O/o.Assistant Commissioner of Police, B1, Vilakkuthoon, Keelamasi Street, Madurai-01.

5.Ravichandran ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 3 to consider the petitioner's representation dated 15.07.2021 within the time stipulated by this Court and consequently forbear the respondents 1 to 3 from disbursing the retirement benefits of the 5th respondent. For Petitioner : Mr.P.R.Prithviraj For R-1, R-2 & R-4 : Mr.C.Satheesh, Government Advocate For R-3 : Mr.P.Gunasekaran, Standing Counsel

ORDER

This writ petition has been filed seeking direction to the respondents 1 to 3 to consider the petitioner's representation dated 15.07.2021 within the time 2/6

stipulated by this Court and consequently forbear the respondents 1 to 3 from disbursing the retirement benefits of the 5th respondent.

2. The brief facts which are necessary for the disposal of this Writ Petition is as follows:- The petitioner is the wife of the 5th respondent who is the retired SubInspector of Police and they are separated from 2017. The petitioner and the 5th respondent were blessed with a daughter and she has already married one Rajachandru and settled at Bangalore with her husband. The petitioner made a representation dated 15.07.2021 to forbear the respondents 1 to 3 from disbursing the retirement benefits of the 5th respondent. Since the same was not considered, the present writ petition came to be filed.

3. When the matter was taken up for hearing, the learned standing counsel appearing for the 3rd respondent submitted that the retirement benefits has already been disbursed to the 5th respondent. However, the petitioner is entitled to get her name as nominee for family pension. 3/6

4. Heard, the learned Counsels on either sides. Carefully perused the materials available on record.

5. In view of the same, this Court hereby direct the respondents 1 to 3 to make an entry in the service register of the 5th respondent with respect to the column nominee for getting family pension within a period of eight (8) weeks from the date of receipt of a copy of this order.

6. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 12.07.2024 NCC : Yes / No Index : Yes / No Internet : Yes Sml To 1.The Secretary to Government, Home Department, Secretariat, Fort St. George, Chennai-9.

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2.The Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai-4.

3.The Accountant General (A&E), 361, Annasalai, Theynampet, Chennai-18.

4.The Assistant Commissioner of Police (L & O), O/o.Assistant Commissioner of Police, B1, Vilakkuthoon, Keelamasi Street, Madurai-01.

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L.VICTORIA GOWRI, J.

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