R.Krishnanalluamy v. The Principal Accountant

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.02.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN WP(MD)No.23175 of 2017 R.KrishnaNallusamy ... Petitioner /Vs./

1. The Principal Accountant General (A&E), Audit & Entitlement (A &E), Audit & Account, Office 261, Anna Salai, Chennai - 600 018.

2. The District Treasury Officer,

3. The Tashildhar, Madurai South,

4. The Tashildhar, Thiruparangundram, ... Respondents PRAYER: Writ Petition - filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the respondents to pay the petitioner father's family pension to the petitioner by considering the petitioner's representation dated 15.04.2016 within a time frame fixed by this Court. For Petitioner : Mr.J.Senthil Kumaraiah For R-1 : Mr.P.Gunasekaran For R-2 to R-4 : Mr.C.M.Mari Chelaiah Prabhu Additional Government Pleader

ORDER

This writ petition has been filed seeking to direct the respondents to pay the family pension of the petitioner's father to the petitioner by considering the petitioner's representation dated 15.04.2016.

2. The learned counsel appearing for the petitioner submits that the parents of the petitioner passed away and the petitioner made a representation seeking his father's family pension which was not considered due to the age of the petitioner. Therefore, the petitioner is before this Court.

3. Now, the learned counsel appearing for the petitioner seeks liberty to approach the respondents to submit a fresh representation indicating all the facts and circumstances along with required documents.

He further submits that on filing such fresh representation, the same may be considered.

4. The learned Additional Government Pleader submits that on filing a fresh representation by the petitioner, the same would be considered within the time stipulated by this Court.

5. In such view of the matter, the petitioner is granted liberty to give a fresh representation along with necessary documents to the third respondent forthwith. On filing such representation, the same shall be forwarded by the third respondent to the first respondent for proper consideration. The first respondent shall take into consideration all the factors and documents and pass appropriate orders, on merits and in accordance with law, after affording opportunity of hearing to the petitioner, as expeditiously as possible, preferably within a period of one month from the date of receipt of a copy of this order.

6. With the above direction, the writ petition is disposed of. No costs.

Sd/ Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar To

1. The Principal Accountant General (A&E), Audit & Entitlement (A &E), Audit & Account, Office 261, Anna Salai, Chennai - 600 018.

2. The District Treasury Officer,

3. The Tashildhar, Madurai South,

4. The Tashildhar, Thiruparangundram, +1 CC to M/s.J.SENTHIL KUMARAIAH, Advocate (SR-48706[F] dated 21/02/2019) +1 CC to M/s.SPL GP ( SR-49121[F] dated 22/02/2019 ) +1 CC to M/s.P.GUNASEKARAN, Advocate (SR-49284[F] dated 22/02/2019) SM TE : 22/03/2019 : 3P/8C ORDER MADE IN WP(MD)No.23175 of 2017 20.02.2019