Geethavani A v. The Principal Accountant General

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH A.Geethavani ... Petitioner -vs1.The Principal Accountant General, Government of Tamil Nadu, Secretariat, Chennai.

2.The Secretary of Government, Highways (Hl2) Department, Chief Secretariat, Chennai - 600 009.

3.The Chief Engineer (General), Highways Department, Chepauk, Chennai - 600 005.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to pay pension and other terminal benefits of the husband of the petitioner from the date of his retirement till the date of his death including all terminal benefits, which he was entitled to, within a time frame.

For Petitioner : Ms.P.Malini

For R1 : Mr.P.Gunasekaran Standing Counsel For R2 and R3 : Mr.S.R.A.Ramachandran Additional Government Pleader

ORDER

This Writ Petition has been filed seeking a direction to the first respondent to sanction and disburse the pension and all other terminal benefits due to the petitioner's husband, from the date of his retirement till the date of his death, including any arrears and entitlements, within a time frame to be stipulated by this Court.

2. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.

3. According to the petitioner, her late husband joined duty as a Supervisor in Pudhupalayam Panchayat Union on 21.04.1977 and was due to retire on 28.02.2003. However, just a day before his retirement, he was placed under suspension by the second and third respondents, vide proceedings dated 27.02.2003 and was allowed to retire on 28.02.2003, subject to the outcome of disciplinary proceedings.

4. It is submitted that the suspension was subsequently revoked by way of G.O.(D)No.273, Highways Department, dated 12.11.2007. The disciplinary proceedings culminated in the issuance of G.O.(D)No.195, Highways Department, dated 16.10.2008, imposing a minor punishment of recovery of Rs.50/- for a period of 6 months from his pension. The said amount was duly recovered and fully paid by the petitioner's husband. Despite this, the respondents failed to process and disburse the pension and other terminal benefits of the petitioner's husband. Tragically, the petitioner's husband passed away on 29.02.2021 without receiving his rightful retirement benefits. The petitioner has made representations to the respondents requesting release of the pensionary and terminal benefits, but no action has been taken till date.

It is, therefore, submitted that the continued inaction of the respondents is arbitrary and unjust, causing undue hardship to the widow of a Government servant, who completed his full service. Hence, the petitioner prays for appropriate directions to be issued to the respondents to release the pension and all terminal benefits due to her late husband from the date of his retirement till his death, within a reasonable time frame as may be fixed by this Court.

5. The learned Additional Government Pleader appearing for the respondents 2 and 3 submits that if the petitioner submits a fresh representation, detailing all her grievances to the third respondent, the same will be considered in accordance with law, within a time frame to be fixed by this Court.

6. Recording the above submissions, this Writ Petition is disposed of, with a direction to the petitioner to submit a fresh representation outlining all her grievances to the third respondent, within a period of two weeks from the date of receipt of a copy of this order. Upon receipt of such representation, the third respondent shall consider it on merits and pass appropriate orders in accordance with law, within two weeks thereafter. There shall be no order as to costs. NCC : Yes / No 19.06.2025 Index : Yes / No smn2

To:- 1.The Principal Accountant General, Government of Tamil Nadu, Secretariat, Chennai.

2.The Secretary of Government, Highways (Hl2) Department, Chief Secretariat, Chennai - 600 009.

3.The Chief Engineer (General), Highways Department, Chepauk, Chennai - 600 005.

VIVEK KUMAR SINGH , J.

smn2 19.06.2025