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Madras High CourtWP(MD)/13407/2018closed

B.Saroja v. The State Of Tamilnadu,

2021-11-26Honourable Dr Justice Anita Sumanth3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.11.2021

CORAM:

THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P.(MD)No.13407 of 2018 B.Saroja

...Petitioner

/Vs./ 1.The State of Tamil Nadu, Represented by the Additional Secretary to Government, Finance (LF) Department, Secretariat, Chennai - 9.

2.The Chief Internal Auditor and Chief Editor of Statutory Boards, Sengalvarayan Maligai, 7th Floor, 807, Anna Salai, Chennai - 2.

3.The Principal Accountant General, O/o. The Principal Accountant General (A&E), (Pension 3), No.361, Anna Salai, Teynampet, Chennai - 600 018.

...Respondents

PRAYER:- Writ Petition - filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondent No.3 to provide family pension and all other retirement benefits to the petitioner form the year 2015 with 9% interest as per Revised Scale of Pay Rules 2009 based on the order passed by the respondent No.1 dated 28.09.2016 and the proceedings passed by the respondent No.2 dated 17.08.2016 and 06.03.2017 by considering the representation dated 13.06.2018 within the time stipulated by this Court.

For Petitioner : Mr.I.Pinaygash For R1 & R2 : Mr.A.K.Manikkam Standing Counsel for State For R3 : Mr.P.Gunasekaran

ORDER

This Court, on 23.11.2021, had passed the following order: "Heard Mr.I.Pinaygash, learned counsel for the petitioner, Mr.A.K.Manikkam, learned Special Government Pleader appearing for the Staet/R1 and R2 and Mr.P.Gunasekaran, learned counsel 1/3

appearing for the Principal Accountant General/R3.

2.Learned counsel appearing for R3 brings to my notice P.P.O.No.D1721865, dated 19.07.2019, in terms of which, Family Pension of Rs.9697/- has been paid over to the petitioner along with arrears with effect from 29.04.2015. 3.Let learned counsel for R3 produce proof for the receipt of pension order by the petitioner. Learned counsel appearing for the petitioner is also directed to obtain instructions from the petitioner in regard to the receipt of the pension order as above.

4.List on 26.11.2021."

2.Today, Mr.P.Gunasekaran, learned counsel appearing for R3 circulates a copy of the pension pay order in the petitioner's case, which has been issued to her on 23.07.2019 itself. Proof of despatch of the same is also filed.

3.In such circumstances, the mandamus as sought for by the petitioner also stands achieved and recording the aforesaid, this Writ Petition is closed. No costs.

Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) sm 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 Additional Secretary to Government, Finance (LF) Department, Secretariat, Chennai - 9.

2/3

2.The Chief Internal Auditor and Chief Editor of Statutory Boards, Sengalvarayan Maligai, 7th Floor, 807, Anna Salai, Chennai - 2.

+1 CC to M/s.SPL GP ( SR-36275[F] dated 29/11/2021 ) W.P.(MD)No.13407 of 2018 Dated:

26.11.2021 RK(04/12/2021) 3P 4C 3/3