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Madras High CourtWP(MD)/26029/2022disposed of

Pushpakumari v. The Principal Accountant General

2025-11-03Honourable Mr Justice Abdul Quddhose5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.11.2025

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE Pushpakumari ... Petitioner Vs.

1.The Principal Accountant General, (Accounts and Entitlements), Tamilnadu, 361, Anna Salai, Chennai 600 018.

2.The Treasury Officer, The District Treasury Office, Coimbatore, Coimbatore District.

3.The Divisional Engineer (H), Tamilnadu Agriculture Development Programme (TNADP), Tirunelveli.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent Nos.1 to 3 to pay Family pension with interest and arrears and other benefits to the petitioner towards the services rendered by her husband Shri.S. Suseendran Nadar (Pension Payment Order no.C36543/HW) upon his demise on 12.09.2021 in the light of the petitioner's representation dated 09.09.2022 within a time period to be fixed by this Court.

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For Petitioner : Mr.N.Dilip Kumar For R-1 : Mr.P.Gunasekaran For R-2 & R-3 : Mr.A.Baskaran, Additional Government Pleader

O R D E R

This writ petition has been filed for a mandamus seeking for a direction to the respondents to pay the family pension to the petitioner with interest, arrears and other benefits to the petitioner towards the services rendered by her husband, Shri.S. Suseendran Nadar

2. The petitioner's husband, Shri.S. Suseendran Nadar, was working as a Record Clerk in the third respondent Office and retired from service on 31.01.1998. Thereafter, he was receiving pension till his demise on 12.09.2021. But, according to the petitioner, who is his wife, contends that she has not been paid family pension even since her husband's death i.e., 12.09.2021. The petitioner has given a representation on 09.09.2022 seeking payment of family pension to the petitioner and since the same has not been considered, the petitioner has filed this writ petition.

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3. Even though a counter-affidavit has not been filed by the respondents before this Court, the learned Standing Counsel appearing for the first respondent, on instructions, would submit that, as per the service records of the deceased employee, Shri.S. Suseendran Nadar, the petitioner has been declared as his legally wedded wife and she has also been declared as his nominee for receiving the family pension.

4. The grievance of the petitioner in this writ petition is that she has not been paid the family pension upon her husband's demise i.e., 12.09.2021. Since the respondents have admitted that the petitioner is entitled to receive the family pension upon the demise of her husband on 12.09.2021, necessarily, the petitioner will have to be paid the family pension and the arrears upon the production of all the relevant documents required to enable the petitioner to receive the family pension.

5. After recording the fact that the petitioner is entitled to receive the family pension pertaining to Shri.S. Suseendran Nadar, her husband, who died on 12.09.2021, this Court directs the petitioner to submit all the relevant documents to the second respondent along with a representation seeking for payment of family pension pursuant to the order passed by this Court within a 3/5

period of two weeks from the date of receipt of a copy of this order. On receipt of the said representation along with the relevant documents, the second respondent shall process the payment of family pension to the petitioner along with arrears and after having satisfied with the documentary requirements, the second respondent shall start payment of family pension to the petitioner and also disburse the arrears within a period of twelve weeks thereafter.

6. With the above directions, the writ petition stands disposed of. No costs.

03.11.2025 NCC:yes/no Index:yes/no Internet:yes/no TSG To 1.The Treasury Officer, The District Treasury Office, Coimbatore, Coimbatore District.

2.The Divisional Engineer (H), Tamilnadu Agriculture Development Programme (TNADP), Tirunelveli.

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ABDUL QUDDHOSE, J.

TSG 03.11.2025 5/5