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Madras High CourtWP(MD)/19706/2019disposed of

V.Vijayakumari v. The Joint Director Of Agriculture

2019-09-13Honourable Ms.Justice V.M.Velumani2 pages

W.P.(MD)No.19706 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.09.2019

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P.(MD)No.19706 of 2019 V.Vijayakumari ... Petitioner -Vs1.The Joint Director of Agriculture, Agriculture Department, Chinna Chokkikulam, Madurai-02.

2.The District Treasury Officer, Madurai District Treasury Office, Collectorate Campus, Madurai-20.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to grant the benefit of family pension granted in G.O.Ms.No.325, Finance (Pension) Department, dated 28.11.2011 to the petitioner by considering the petitioner's representation dated 27.07.2019 within a time stipulated by this Court. For Petitioner : Mr.D.Sadiqraja For Respondents : Mr.C.Ramar, Additional Government Pleader.

ORDER

Heard Mr.D.Sadiqraja, learned counsel appearing on behalf of the petitioner and Mr.C.Ramar, learned Additional Government Pleader, who takes notice on behalf of the respondents. 2.By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself. 3.This Writ Petition is filed for a direction to direct the respondents to grant benefit of family pension granted in G.O.Ms.No.325, Finance (Pension) Department, dated 28.11.2011, to the petitioner, by considering the petitioner's representation, dated 27.07.2019.

4.According to the petitioner, she married with one Vadamalai @ Vadamalaian in the year 1979. On 10.06.1983 the said Vadamalai @ Vadamalaian died. Thereafter, the petitioner was living with her parents. The father of the petitioner was working https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.19706 of 2019 as Office Assistant in the first respondent office and died on 20.02.1997, leaving behind the petitioner and her mother, namely, Muniyammal and subsequently, her mother died on 29.06.2017. In such circumstances, the Government issued G.O.Ms.No.325, Finance (Pension) Department, dated 28.11.2011, granting family pension to the unmarried or widowed daughter of the deceased employees, even after the age of 25 years. Hence, the petitioner has given a representation to the respondents, seeking family pension on 27.07.2019. But, so far, no order is passed thereon. Hence, the petitioner has come out with the present Writ Petition. 5.Considering the facts and circumstances of the case, without going into the merits of the case, this Court is inclined to direct the respondents to consider the representation, dated 27.07.2019 submitted by the petitioner, in the light of G.O.Ms.No.325, Finance (Pension) Department, dated 28.11.2011, within a period of four (4) weeks from the date of receipt of a copy of this order.

6.With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) MYR To 1.The Joint Director of Agriculture, Agriculture Department, Chinna Chokkikulam, Madurai-02.

2.The District Treasury Officer, Madurai District Treasury Office, Collectorate Campus, Madurai-20.

+1 CC to M/s.SPL GP ( SR-86934[F] dated 16/09/2019 ) W.P.(MD)No.19706 of 2019 13.09.2019 KM/(26.09.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2