Harini v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH Harini ... Petitioner -vs1.The State of Tamil Nadu, Rep. by its Chief Secretary to the Government, Office of the Directorate of Pensioner Finance Department, Fort St. George, Chennai - 9.
2.The State of Tamil Nadu, Represented by its Secretary to Government of Tamil Nadu, Commercial Tax Department, Fort St. George, Chennai - 5.
3.The Assistant Commissioner, Commercial Tax Department, Madurai (West), Madurai District.
4.The Principal Accounts General, (Accounts and Entitlement) Tamil Nadu, Office of the Accountant General, (Accounts and Entitlements) Tamil Nadu, 361, Anna Salai, Chennai - 18.
... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to sanction the Family Pension and other necessary benefits to the petitioner, by considering the petitioner's representations dated 12.06.2025 and 16.06.2025. For Petitioner : Mr.J.Mohmaed Ibrahim For R1 : Mr.S.R.A.Ramachandran Additional Government Pleader For R2 and R3 : Mr.R.Suresh Kumar Additional Government Pleader For R4 : Mr.P.Gunasekaran Standing Counsel
ORDER
This Writ Petition has been filed seeking a direction to the respondents to sanction the Family Pension and other necessary benefits to the petitioner, by considering her representations dated 12.06.2025 and 16.06.2025.
2. By consent, this Writ Petition is taken up for final disposal, at the admission stage itself.
3. According to the petitioner, she was legally adopted by V.Padmavathi on 30.04.2007 through a registered adoption deed, when she was about three years old. Since then, her adoptive mother raised her as her own child. The said Padmavathi, the petitioner's adoptive mother, served as 'Deputy Commercial Tax Office Manager' in West Madurai District under the State Tax Department and retired on 31.03.2008. During her service, she nominated the petitioner as her nominee for family pension and other service benefits. Unfortunately, Padmavathi passed away on 03.06.2021. Since then, the petitioner, who is unmarried and has no other means of support, has been solely dependent on the family pension for her livelihood.
4. Despite submitting all the relevant documents, including the death certificate, legal heir certificate and nomination details, the petitioner has not been granted the family pension or any other retirement benefits. Repeated representations, including those sent via registered post on 12.05.2025 and 16.05.2025, have gone unanswered. The petitioner also personally approached the respondents, but no action has been taken to address her grievance. The inaction of the respondents amounts to failure to discharge their statutory duty. Hence, the
petitioner seeks appropriate directions from this Court to ensure that the family pension and benefits due to her are disbursed without further delay.
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 four 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 10.07.2025 Index : Yes / No
To:- 1.The Chief Secretary to the Government of Tamil Nadu, Office of the Directorate of Pensioner Finance Department, Fort St. George, Chennai - 9.
2.The Secretary to Government of Tamil Nadu, Commercial Tax Department, Fort St. George, Chennai - 5.
3.The Assistant Commissioner, Commercial Tax Department, Madurai (West), Madurai District.
4.The Principal Accounts General, (Accounts and Entitlement) Tamil Nadu, Office of the Accountant General, (Accounts and Entitlements) Tamil Nadu, 361, Anna Salai, Chennai - 18.
VIVEK KUMAR SINGH , J.
smn2 10.07.2025