Jannath Beerthosh v. Central Administrative Tribunal Chennai Bench,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD) No.11532 of 2025 Jannath Beerthosh ... Petitioner Vs

1. Central Administrative Tribunal Chennai Bench, Rep by its Registrar, Additional City Court Buildings, 1st and 2nd Floor, High Court Campus, Chennai 104.

2. Union of India, Rep by its Assistant Accounts Officer (Pension), O/o. General Manager (PA and F), Tamil Nadu Circle, Department of Posts, No. 7, Ethiraj Salai, Chennai - 8.

3. Union of India, Rep by its the Senior Superintendent of Post Offices, Kovilpatti Division, Department of Posts, Kovilpatti, Tuticorin District 628 501.

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4. The Head Post Master, O/o. the Post Officer, Sankarankovil Head Post Office, Tenkasi District 627 756.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned Oral order dated 14.02.2024 made in O.A.No. 310/01056/2024 by the 1st respondent Tribunal and set aside the same and consequently directing the 2nd respondent to grant 50 percentage of family pension to the petitioner from the date of death of her father Sheik Jamaludeen, who was a postal pensioner vide in PPO. No. POSTAL/2015/TN/23111/RP-25971/leg 1 (Old PPO. No. 4101/LPS) within time frame may be fixed by this Court. For Petitioner :

Mr.V. Muthuvelan, For Respondents :

Mr.K.Govinda Rajan (R2 to R4) Deputy Solicitor General of India

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] Under assail is the order passed by the Central Administrative Tribunal, Chennai Bench, dated 14.02.2024 in O.A.No.310/01056/2024. 2/6

2.The writ petitioner was unsuccessful before the Central Administrative Tribunal in securing the relief of family pension. Admittedly, the writ petitioner is the daughter of the second wife of the deceased employee, who served in the Postal Department. Therefore, whether the daughter of the second wife is eligible in the present case or not itself is to be verified by the competent authority with reference to the pension rules applicable.

3.However, in the present case, the Central Administrative Tribunal found that the petitioner has not even furnished the documents required for the purpose of considering the application submitted by the petitioner seeking family pension. When the petitioner herself has not produced the required documents for consideration, it is unnecessary for this Court to look into the issue relating to eligibility or otherwise. Therefore, at the first instance, a person seeking the benefit of family pension is expected to submit all the required documents before the competent authority for consideration and to take a decision on merits and in accordance with law. The Central Administrative Tribunal also has directed the writ petitioner to submit all the required documents as 3/6

stated in letter dated 30.05.2024 and after receiving the same, the respondents shall process the application in accordance with the rules applicable. This being the decision of the Central Administrative Tribunal, this Court do not find any infirmity. 4.Thus, this writ petition stands dismissed. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

[S.M.S., J.] [A.D.M.C., J.] 05.06.2025 Index:Yes/No Internet:Yes/No NCC:Yes/No LR 4/6

To

1. The Central Administrative Tribunal Chennai Bench, Rep by its Registrar, Additional City Court Buildings, 1st and 2nd Floor, High Court Campus, Chennai 104.

2. Union of India, Rep by its Assistant Accounts Officer (Pension), O/o. General Manager (PA and F), Tamil Nadu Circle, Department of Posts, No. 7, Ethiraj Salai, Chennai - 8.

3. Union of India, Rep by its the Senior Superintendent of Post Offices, Kovilpatti Division, Department of Posts, Kovilpatti, Tuticorin District 628 501.

4. The Head Post Master, O/o. the Post Officer, Sankarankovil Head Post Office, Tenkasi District 627 756.

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S.M.SUBRAMANIAM, J.

and DR.A.D.MARIA CLETE, J.

LR 05.06.2025 6/6