Taj v. The Subordinate Judge

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.10.2023

CORAM

THE HON'BLE MR JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR JUSTICE V.LAKSHMINARAYANAN Taj .. Petitioner Vs.

1.The Subordinate Judge, Thirumangalam, Madurai.

2.The Judicial Magistrate, Periayur, Madurai.

3.The Accountant General (A & E), 361, Anna Salai, Chennai.

4.The Treasury Officer, District Treasury, Madurai.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the respondents directing the respondents to dispose the petitioner's representation dated -nil-10.2022

relates to the disbursement of the terminal benefits of her deceased husband, within a time to be fixed by this Court.

For Petitioner : Mr.R.Suriyanarayanan For R-1 and R-2 : Mr.N.Mohideen Basha For R-4 : Mr.S.Kameswaran Government Advocate For R-3 : No appearance

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM,J.) The relief sought for in the present Writ Petition is to direct the respondents to dispose of the petitioner's representation seeking for disbursement of terminal benefits of her deceased husband.

2. The husband of the writ petitioner was holding the post of Junior Bailiff in the Judicial Department and he died while he was in service. Since the terminal and retirement benefits due to the deceased employee have not been settled, the petitioner has chosen to file the present Writ Petition.

3. The learned counsel for the respondents 1 and 2 and the learned Government Advocate appearing for the fourth respondent brought to the notice of this Court that the DCRG and other terminal benefits due to the deceased employee have been paid today, i.e., on 04.10.2023, by following the procedure. In respect of the family pension, the office of the Accountant General of Tamil Nadu raised two defects in the proceedings dated 14.07.2023, which are yet to be complied.

4. With reference to the proceedings dated 14.07.2023 issued by the office of the Accountant General of Tamil Nadu, the petitioner is at liberty to submit all required documents to the competent authority, who in turn shall forward the same to the Accountant General of Tamil Nadu for consideration. On receipt of the documents and necessary records, the Accountant General of Tamil Nadu/third respondent herein shall process the pension application and sanction the same as expeditiously as possible, preferably, within a period of two (2) months from the date of receipt of copy of the documents to be forwarded by the employer.

5. Accordingly, the Writ Petition stands disposed of. There shall be no order as to costs.

(S.M.S.,J.) (V.L.N.,J.) 04.10.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm To 1.The Subordinate Judge, Thirumangalam, Madurai.

2.The Judicial Magistrate, Periayur, Madurai.

3.The Accountant General (A & E), 361, Anna Salai, Chennai.

4.The Treasury Officer, District Treasury, Madurai.

S.M.SUBRAMANIAM,J.

and V.LAKSHMINARAYANAN,J.

Lm 04.10.2023