N.S.Chandrasekaran v. State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.575 of 2025 N.S.Chandrasekaran ... Petitioner Vs.

1. State of Tamil Nadu, Represented by its Principal Secretary, Commissioner of Revenue Administration and Disaster Management, Chepauk, Chennai 0 600 005.

2. The Accountant General (A&E, Tamil Nadu) 361, Anna Salai, Chennai - 600 018.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to pay the family pension to the petitioner under the category of Physically Crimpled son from out of the pension eligibility of his father late Mr.N.S.Subramaniam vide PPO.No.A.110352 within time frame together with arrears of such family pension to the petitioner from the month of October 2015.

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For Petitioner : Mr.A.R.Kannappan For R1 : Mr.A.Baskaran Additional Government Pleader For R2 : Mr.P.Gunasekaran Standing Counsel

O R D E R

The instant writ petition has been filed seeking a Mandamus as against the second respondent to disburse family pension to the petitioner under the physically challenged son category.

2. It is contended on the side of the petitioner that his father, who was working as a Deputy Collector, had passed away in the year 2015, leaving behind the petitioner, who is a physically challenged person. Therefore, the petitioner has made a claim for grant of family pension in his name. However, the second respondent herein by his proceedings dated 12.07.2024 has sought for documents as well as the clarification from the petitioner. Since the said clarification and the documents were not furnished by the writ petitioner, the second respondent is not in a position to process the request of the petitioner for family pension.

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3. Heard the learned counsel appearing for the petitioner, the learned Additional Government Pleader appearing for the first respondent and the learned Standing Counsel appearing for the second respondent.

4. In view of the above said facts, the petitioner herein is directed to comply with the instructions issued by the second respondent in their proceedings dated 12.07.2024 and submit the application to the first respondent herein within a period of four weeks from the date of receipt of a copy of this order. On receipt of the same, the first respondent is directed to forward the application to the second respondent who in turn, is directed to consider the same and pass orders on merits and in accordance with law, within a period of four weeks thereafter.

5. With the above said observations, this Writ Petition stands disposed of. There shall be no order as to costs.

09.01.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi 3/5

To

1. The Principal Secretary, Commissioner of Revenue Administration and Disaster Management, Chepauk, Chennai 0 600 005.

2. The Accountant General (A&E, Tamil Nadu) 361, Anna Salai, Chennai - 600 018.

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R.VIJAYAKUMAR,J.

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