Madras High CourtWP(MD)/24757/2019disposed of

S.Sottaiyan v. The Asst Director Of Town Panchayat(Pension)

2022-04-28Honourable Mr Justice S.M. Subramaniam2 pages

W.P.(MD) No.24757 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD) No.24757 of 2019 S.Sottaiyan ... Petitioner vs.

1.The Assistant Director of Town Panchayat (Pension) Kuralagam Buildings Chennai-600 108 2.The District Collector Office of the District Collector Tirunelveli District 3.The Executive Officer Town Panchayat Veeravanallur Tirunelveli District ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the respondents herein directing the respondents herein to include the name of petitioner's second wife Raja Lakshmi in his service records and also in the pension nomination coloumn and to delete the petitioner's first dead wife name of Arumuga Vadivu on the basis of petitioner representation dated 30.11.2018.

For Petitioner :

Mr.S.Sathyachidambaram For Respondents :

Mr.N.Satheesh Kumar Additional Government Pleader

O R D E R

This writ petition is filed by the petitioner at the age of 77 years. Now, the petitioner would be aged around 80 years.

2. The claim of the petitioner is that the name of his second wife is to be included in his service records, more specifically, as a nominee. The details regarding nomination already given and the particulars regarding his first wife are also lacking. Thus, this Court cannot issue a direction to include the name of the second wife of the petitioner as nominee in the service records, more so, the petitioner has filed this writ petition at the age of 77 years.

https://hcservices.ecourts.gov.in/hcservices/ ____________

W.P.(MD) No.24757 of 2019

3. The learned Additional Government Pleader appearing for the respondents brought to the notice of this Court that the petitioner retired from service on 31.07.2002 and his wife wife died on 22.03.1985. Therefore, the date of second marriage and the particulars regarding the death of the first wife all are to be produced for proper verification.

4. Thus, the petitioner is at liberty to approach the Competent Authority along with necessary documents and establish his rights and in the event of establishing his rights alone, the Authorities would be in a position to consider the claim of the petitioner, but not otherwise.

5. Accordingly, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) krk To:

1.The Assistant Director of Town Panchayat (Pension), Kuralagam Buildings, Chennai-600 108.

2.The District Collector, Office of the District Collector, Tirunelveli District.

3.The Executive Officer, Town Panchayat, Veeravanallur, Tirunelveli District.

+1 CC to M/s.SPL. GP ( SR-22946[F] dated 29/04/2022 ) W.P.(MD) No.24757 of 2019 28.04.2022 SS/11.05.2022 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/ ____________