T.Arockiaya Glory, v. The Account General (A&E)
W.P.[MD]No.7622 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.12.2021
CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P.(MD)No.7622 of 2018 T.Arockiaya Glory
...Petitioner
/Vs./ 1.The Accountant General (A&E), Office of P.A.G. Of Tamil Nadu, 361, Anna Salai, Chennai - 600 018.
2.The Assistant Elementary Education Officer, Madurai South, Madurai District.
...Respondents
PRAYER:- Writ Petition - filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus directing the 1st respondent to sanction and pay family pension due to the petitioner on the death of petitioner's father by considering the petitioner's application dated 28/05/2018 along with representation dated 19/08/2016 within the time that may be stipulated by this Court.
For Petitioner : Mr.M.Mahaboob Athiff For R1 : Mr.P.Gunasekaran For R2 : Mr.A.K.Manikkam Special Government Pleader
ORDER
The prayer of the petitioner is for a mandamus directing the Accountant General (R1) to sanction and pay family pension to her, that she is entitled to, upon the demise of her father on 22.03.2014. There appears to be an apprehension on the part of R1 as to whether the sister of the petitioner, one T.Louis Mary were alive, in which case, she would be entitled to the same, as the eldest surviving legal heir.
2.Thus and to address this situation, the following order had been passed by me on 29.11.2021:
"It appears that all that stands in the way of the petitioner receiving the family pension, is the production of the death certificate of the eldest sister Ms. T. Louis Mary, who, in paragraph 4 of the affidavit, is stated to have been married and thereafter passed away.
2. This matter is adjourned by a week. In the meantime, learned counsel for the petitioner will https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.[MD]No.7622 of 2018 supply the necessary documents, upon receipt of which, the pension pay order will be issued forthwith.
3. List on 2nd of December, 2021."
3.In the meanwhile and even before today, the petitioner has circulated a copy of the death certificate of the aforesaid T.Louis Mary, upon receipt of which, authorisation has been issued sanctioning family pension.
4.I am given to understand from Mr.P.Gunasekaran, learned counsel for R1 that the process is automated now and that upon uploading of the e-authorisation, an alert would be received by the beneficiary and the credit of pension will take place shortly thereafter.
5.Recording the aforesaid and as the petitioner is satisfied with this resolution, this Writ Petition is closed. No costs. Sd/- Assistant Registrar (Writ) // True Copy // / /2022 Sub Assistant Registrar(CS) 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.
To 1.The Accountant General(A&E), Office of P.A.G. Of Tamil Nadu, 361, Anna Salai, Chennai-18.
2.The Assistant Elementary Education Officer, Madurai South, Madurai District.
+1 CC to M/s.SPL GP ( SR-37216[F] dated 03/12/2021 ) +1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-37846[F] dated 08/12/2021 ) Order made in W.P.(MD)No.7622 of 2018 Dated:
02.12.2021 SS/28.01.2022 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2