S.Sornambal v. The Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.11.2021
CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P.(MD)No.6374 of 2018 S.Sornambal
...Petitioner
/Vs./ 1.The Secretary to Government, State of Tamil Nadu, Finance Department, Secretariat, Fort Saint George, Chennai-600 009.
2.The Principal Accountant General, AG's Office Complex, No.361, Anna Salai, Rostrevor Garden, Teynampet, Chennai-600 018.
3.The Director of Collegiate Education, 9th Floor, EVK Sampath Buildings, College Road, Chennai-600 006.
4.The Principal, Rajah Serfoji Government College, (Autonomous), Thanjavur-613 005, Thanjavur District.
5. M.Geetha 6.K.Poongothai 7.S.Srinivasan 8.S.Gangadevi @ Ganga
...Respondents
PRAYER:- Writ Petition - filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, to direct the respondent Nos.1 to 4 to disburse all pensionary benefits and family pension along with other monetary benefits due to petitioner's deceased husband namely M.Sundaram with statutory interest, without reference to obtain relaxation from the Government within a time frame by this Court.
1/3
For Petitioner : Mr.T.Sundarvathanam for Mr.S.Balamurugan For R1, R3 & R4 : Mr.K.S.Selvaganesan Counsel for State For R2 : Mr.P.Gunasekaran For R5 to R8 : Mr.G.Aravinthan
O R D E R
The petitioner prays for a Mandamus directing respondent Nos.1 to 4 to disburse all pensionary benefits along with other monetary benefits due to the petitioner's deceased husband, namely, M.Sundaram as well as and family pension with statutory interest, without asking her to obtain relaxation from the Government within a time frame to be fixed by this Court.
2. There are serious disputes in regard to the facts and the relationship inter se the petitioner and the said M.Sundaram. It appears that the respondent Authorities have rejected the proposal on the ground that the petitioner's entitlement to the benefits, as claimed, have not been established by her.
3. In such circumstances, this is not a case warranting or justifying interference under Article 226 of the Constitution of India. This writ petition is thus closed, leaving it open to the petitioner to pursue her remedies before the appropriate foram in accordance with law.
Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) ssb Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
2/3
To 1.The Secretary to Government, State of Tamil Nadu, Finance Department, Secretariat, Fort Saint George, Chennai-600 009.
2.The Principal Accountant General, AG's Office Complex, No.361, Anna Salai, Rostrevor Garden, Teynampet, Chennai-600 018.
3.The Director of Collegiate Education, 9th Floor, EVK Sampath Buildings, College Road, Chennai-600 006.
+1 CC to M/s.S. BALAMURUGAN, Advocate ( SR-34497[F] dated 15/11/2021 ) W.P.(MD)No.6374 of 2018 11.11.2021 RD(30.11.2021) 3P 5C 3/3