Madras High CourtWP(MD)/21721/2021disposed of

Bama R (Widow) v. The Secretary To Government Of Tamilnadu

2021-12-20Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI R.Bama (Widow) ... Petitioner versus

1. The Secretary to Government of Tamil Nadu, Revenue Department, St. George Fort, Chennai - 600 009.

2. The Principal Accountant General, Thenampettai, Chennai - 600 018.

3. The District Treasury Officer, District Treasury, Ramanathapuram District - 623 503.

4. The District Collector, Collector Office, Ramanathapuram - 623 503, Ramanathapuram District.

5. The Tahsildar, Tahsildar Office, Thiruvadanai, Thiruvadanai Taluk, Ramanathapuram District - 623 407.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the 2nd and 3rd respondents to issue pension and other monetary benefits to the petitioner based on her representation dated 19.08.2021. For Petitioner : Mr.T.Murugan For R1, R3 to R5 : Mr.V.Nirmal Kumar, Government Advocate For R2 : Mr.R.Saravana Kumar

ORDER

This writ petition is filed for a mandamus, directing the 2nd and 3rd respondents to issue pension and other monetary benefits to 1/3

the petitioner, based on her representation, dated 19.08.2021.

2. The learned counsel appearing for the petitioner submits that the petitioner's husband, one K.Ramalingam, who worked as Karnam at Thiruvadanai Village, was reappointed as Village Assistant at Thelur Village in Ramanathapuram District. He died on 17.07.2021 after rendering 11 years of service as Karnam and 16 years of service as Village Assistant, totally 27 years of service. The petitioner's husband was not paid with any terminal benefits or pension. According to the petitioner, she is entitled for special pension as per G.O.Ms.No.828, Revenue Department, dated 23.08.1996.

3. Mr.R.Saravana Kumar, learned counsel appearing for the second respondent submits that there is no such proposal from the concerned Department and therefore, they are not in a position to disburse the special pension to the petitioner.

4. Mr.V.Nirmal Kumar, learned Government Advocate, appearing for the respondents 1, 3 to 5 submits that the petitioner's husband died only in the month of July 2021 and the petitioner's application for special pension has been made only in the month of August 2021 and it is under process. He requested for a minimum period of four weeks to send the proposal.

5. In view of the submission made by the learned Government Advocate, the writ petition is disposed of with a direction to the respondents 4 and 5 to send the proposal of special pension to the petitioner's husband in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. On receipt of such proposal, the second respondent shall take a decision and pass appropriate orders on merits and in accordance with law, within a period of four weeks thereafter. No costs. Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) ogy 2/3