S.Vellammal v. The Chairman Cum Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 22/07/2024
CORAM
The Hon`ble Ms.Justice R.N.MANJULA S.Vellammal ... Petitioner Vs
1. The Chairman Cum Managing Director, TANGEDCO, NPKRR Maligai, 1st Floor, 144, Anna Salai, Chennai-600 002.
2. The Internal Audit Officer, Audit Branch, TANGEDCO, NPKRR Maligai, 1st Floor, 144, Anna Salai, Chennai-600 002.
3. The Superintending Engineer, TANGEDCO Tirunelveli Electricity Distribution Circle, Tirunelveli.
4. The Principal Accountant General, A and E, State of Tamilnadu, No.361, Anna Salai, Chennai-600 018.
... Respondents 1/5
PRAYER :-Writ Petition, filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing directing the respondents to consider the petitioner's representation dated 24.06.2024 and accordingly rectify the family pension payable to the petitioner in accordance with Proceedings No.002796/130-2/AdmII/A.3/2023 dated 22.02.2024 on the file of the 3rd respondent read with G.O bearing (Per) CMD TANGEDCO Proceedings No.52 dated 02.03.2018 and to further direct the payment of all unpaid arrears till date including the payment of withheld amounts and Family Security Fund of Rs.50,000/- to the petitioner within a time frame to be fixed by this Court.
For Petitioner :
Mr.S.Loganathan For Respondents :
Mr.S.Arivalagan for R1 to R3 Ms.S.Mahalakshmi for R4
ORDER
Heard the learned counsel for the petitioner and the learned counsel for the respondents.
2.By consent, the writ petition itself is taken up for final disposal at the admission stage itself.
2/5
3.The petitioner has filed this writ petition for a mandamus to direct the respondents to consider the petitioner's representation dated 24.06.2024 and accordingly rectify the family pension payable to the petitioner in accordance with proceedings of the third respondent in No. 002796/130-2/Adm-II/A.3/2023 dated 22.02.2024 read with G.O bearing (Per) CMD TANGEDCO Proceedings No.52 dated 02.03.2018 and to pay the all unpaid arrears till date including the payment of withheld amounts and Family Security Fund of Rs.50,000/- to the petitioner within a time frame to be fixed by this Court.
4. The learned counsel for the petitioner submitted that through the proceedings of the second respondent dated 20.05.2024, the petitioner has been disbursed with a sum of Rs.1,38,934/- representing the arrears of family pension between 10.02.2022 and April 2024. However, according to the petitioner, even if the calculation is made in terms of the family pension fixed by her at Rs.7,880/-, with Dearness Allowance, the petitioner would get more arrears. He further submitted that the petitioner did not know the reason for working out the arrears by fixing the family pension to the petitioner below that what was allowed to her and the 3/5
petitioner is also aggrieved by the withholding of a sum of Rs.50,000/-. Hence, she made a representation to the respondents to rectify the order dated 20.05.2024. Since the same has not been considered so far, the petitioner is before this Court.
5. Since the petitioner had pointed out certain discrepancies between the amount sanctioned towards family pension and the arrears worked out in the subsequent proceedings and a representation was also given to rectify the same, which is still pending, it is appropriate to give suitable direction to the 2nd respondent.
6. In view of the above, the writ petition is disposed of with a direction to the 2nd respondent to consider the representation of the petitioner in the light of the above observations and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order. No costs.
22.07.2024 RR 4/5
R.N.MANJULA,J RR
ORDER
IN WP(MD) No.16380 of 2024 Date : 22/07/2024 5/5