P.Muthulakshmi, v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.10.2016 CORAM :
THE HONOURABLE DR.JUSTICE S.VIMALA W.P(MD)No.16803 of 2016 P.Muthulakshmi ... Petitioner vs.
1)The Managing Director, Tamilnadu State Transport Corporation (Madurai) Ltd., Bye Pass Road, Madurai-625016.
2)The General Manager, Tamilnadu State Transport Corporation (Madurai) Ltd., Dindigul Region, Byepass Road, Dindigul-4.
3)The Secretary to Government, Transport Department, Secretariat, Chennai-9. 4)The Treasury Officer, Dindigul.
5)The Accountant General, Office of the Accountant General, Chennai-18.
... Respondents Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the 1st respondent to forward the Family Pension Proposals to the 5th respondent for the sanction of Family Pension due to the Death of the Petitioner's Husband M.N.Pandi on 12.5.2015 based on the letter of the 4th respondent dated 29.01.2016. For Petitioner : Mr.S.Govindan For R1 & R2 : Mr.A.Jeyaram For R3 & R4 : Mr.T.S.Mohammed Mohideen Additional Government Pleader For R5 : Mr.P.Gunasekaran
ORDER
The petitioner's husband M.N.Pandi was appointed as Driver on 01.06.1968 in the State Transport Department; he continued to work under the control of the Transport Department; later, after the formation of the Transport Corporation, the services of the petitioner's husband were utilised in the Tamil Nadu State Transport Corporation, Dindigul Region; he retired on 31.03.1997; the petitioner's husband was receiving pension till his death on 12.05.2015; he was also receiving EPF pension till his death; the petitioner/wife and 6 children are the legal heirs of the deceased employee without having any source of income; even though the Tamil Nadu Government had disbursed the Pensioner's Family https://hcservices.ecourts.gov.in/hcservices/
Security Fund of Rs.50,000/-, yet the family pension is not sanctioned; therefore, a representation dated 27.01.2016 has been submitted by the petitioner, but as per the procedure for family pension, a proposal must be forwarded through the employer where the petitioner's husband lastly worked and it must be forwarded to the office of the Accountant General at Chennai for necessary sanction and therefore, the petitioner has filed this writ petition seeking direction to the the 1st respondent to forward the Family Pension Proposals to the 5th respondent for sanction of Family Pension due to the death of her husband M.N.Pandi on 12.5.2015, based on the letter of the 4th respondent dated 29.01.2016.
2.The learned standing counsel appearing for the 1st respondent would submit that early steps would be taken to forward the proposal to the 5th respondent, seeking sanction of family pension to the petitioner.
3.Recording the above submission, this Writ Petition is disposed of directing the 1st respondent to forward the proposal to the 5th respondent, seeking sanction of family pension to the petitioner within a period of four weeks from the date of receipt of a copy of this order and on receipt of such proposal, the 5th respondent is directed to pass orders thereon forthwith. No costs.
Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub-Assistant Registrar To 1)The Managing Director, Tamilnadu State Transport Corporation (Madurai) Ltd., Bye Pass Road, Madurai-625016.
2)The General Manager, Tamilnadu State Transport Corporation (Madurai) Ltd., Dindigul Region, Byepass Road, Dindigul-4.
3)The Secretary to Government, Transport Department, Secretariat, Chennai-9. 4)The Treasury Officer, Dindigul.
5)The Accountant General, Office of the Accountant General, Chennai-18. +One cc to Mr.S.Govindan, Advocate, SR.No.58187 +One cc to The Special Government Pleader, SR.No.58315 +One cc to Mr.P.Gunasekaran, Advocate, SR.No.58522 nbi RL/9C/2P/DB/24.10.2016 W.P(MD)No.16803 of 2016 03.10.2016 https://hcservices.ecourts.gov.in/hcservices/