Asmathunisha v. The Account General (A And E)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH Asmathunisha ... Petitioner -vs1.The Accountant General (A&E), 361, Anna Salai, Teynampet, Chennai.

2.The Treasury Officer, 3.The Executive Engineer, Public Works Department, South Vellar basin Subdivision, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to accept the petitioner's request for family pension dated 12.01.2025 and to consider her application and sanction the family pension to her.

For Petitioner : Mr.J.Anandkumar For R1 : Ms.Chamundi Bose Standing Counsel

For R2 and R3 : Mr.K.Balasubramani Special Government Pleader

ORDER

This Writ Petition has been filed seeking a direction to the respondents to accept the petitioner's request for family pension dated 12.01.2025 and to consider and sanction her application for family pension.

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

3. According to the petitioner, she is the legally wedded wife of the deceased employee, Thahirjohn, who served under the third respondent and retired from service on 30.09.2007. After his retirement, he was receiving a regular pension until his demise. The petitioner's name is correctly reflected as ''T.Asmathunisha'' in all official records, including her Aadhar Card, Family Card, Electoral ID and the Legal Heirship Certificate issued after the demise of her husband. However, due to an inadvertent error by the third respondent, her name

was wrongly entered in the pension records, which led to the rejection of her request for family pension vide proceedings dated 04.02.2025. The petitioner had no knowledge of this clerical error and as a result, her rightful entitlement to family pension was unjustly denied. Further, the respondents, being public authorities, are duty-bound to verify the relevant records and extend the pension benefits to the petitioner, who is the nominee and lawful wife of the deceased pensioner.

4. The petitioner is now willing to resubmit her request along with all relevant documents for correction and reprocessing of her claim. Keeping her claim pending without resolving the issue is arbitrary, illegal and has caused serious financial hardship to the petitioner. Hence, the present Writ Petition has been filed seeking appropriate directions for sanction of family pension to the petitioner.

5. The learned Special 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 three weeks thereafter. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the concerned respondents to consider the same on its own merits. There shall be no order as to costs.

NCC : Yes / No 08.07.2025 Index : Yes / No smn2 To:- 1.The Accountant General (A&E), 361, Anna Salai, Teynampet, Chennai.

2.The Treasury Officer,

3.The Executive Engineer, Public Works Department, South Vellar basin Subdivision,

VIVEK KUMAR SINGH , J.

smn2 08.07.2025