S. James, S/O. Sinnappa Pillai v. The Director Of Pension Scheme

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.[MD]No.7620 of 2016 S.James : Petitioner Vs.

1.The Director of Pension Scheme, 259, Anna Salai, III Block, II Floor, Teynampet, Chennai.

2.The Director of Treasuries and Accounts Department, Palagal Building, Saidapet, Chennai.

3.The Assistant Treasury Officer, Sub Treasury, Manamadurai, Sivagangai District.

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents 1 and 2 to disburse the Pensioner's Family Welfare Fund of Rs.50,000/- of Miss.C.Sandhanam, sister of the petitioner herein by concluding the proceedings of the third respondent dated 23.12.2015 and 21.03.2016.

For Petitioner : Mr.J.Anandkumar For Respondents : Mr.S.Angappan, Government Advocate *********

O R D E R

The petitioner has come up with the present Writ Petition seeking a Writ in the nature of a Writ of Mandamus, directing the respondents 1 and 2 to disburse the Pensioner's Family Welfare Fund of Rs.50,000/- of Miss.C.Sandhanam, sister of the petitioner herein by concluding the proceedings of the third respondent dated 23.12.2015 and 21.03.2016.

2. Heard the learned counsel for the petitioner and the learned Government Advocate appearing on behalf of the respondents.

3. The grievance of the petitioner is that he is a retired Headmaster and his sister was a Craft Instructor. She was unmarried and was under the care and custody of the petitioner herein. She died on 01.01.2015. The Government introduced the Insurance Scheme for Health for Old Age Pensioners and as per the said Scheme, pensioner is eligible for Rs.50,000/- on account of death and a sum of Rs.80/- was deducted from the pension, The sister of the petitioner was also added in the said Scheme and paid Rs.80/- towards the same. On her death, the petitioner approached the third https://hcservices.ecourts.gov.in/hcservices/

respondent seeking disbursement of Rs.50,000/-, to which, her sister is eligible. The third respondent, in this regard, sought for certain clarifications from the first respondent, by proceedings dated 23.12.2015 and 21.03.2016. The said proceedings are still pending consideration. Therefore, the petitioner is before this Court seeking appropriate directions.

4. The learned Government Advocate appearing for the respondents submits that appropriate orders would be passed on the pending proceedings dated 23.12.2015 and 21.03.2016, within the time stipulated by this Court.

5. Considering the facts and circumstances of the case also also having regard to the submissions made by the learned Government Advocate appearing on behalf of the respondents, this Court, without going into the merits of the case, directs the first and second respondents to consider the proceedings sent by the third respondent dated 23.12.2015 and 21.03.2016 and pass appropriate orders on merits and in accordance with law, after due opportunity of hearing to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order.

6. The Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(P&A) /TRUE COPY/ Sub Assistant Registrar(CS ) To 1.The Director of Pension Scheme, 259, Anna Salai, III Block, II Floor, Teynampet, Chennai.

2.The Director of Treasuries and Accounts Department, Palagal Building, Saidapet, Chennai.

3.The Assistant Treasury Officer, Sub Treasury, Manamadurai, Sivagangai District.

+1 CC to M/s.J.ANAND KUMAR, Advocate ( SR-57061[F] dated 27/03/2019 ) W.P.[MD]No.7620 of 2016 Dated: 26.03.2019 DS : 07/05/2019 : 2P/5C:

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