Judgment:
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :
31. 07.2013 CORAM: THE HONOURABLE MR. JUSTICE D.HARIPARANTHAMAN Writ Petition No.21058 of 2013 Vasumathy ... Petitioner vs. 1.Assistant Elementary Educational Officer, Chennai Middle School, No.88, Thana Street, Purasaiwakkam, Chennai -7. 2.The Accounts Officer, Pension (Section -34), The Accountant General Office, 361, Anna Salai, Chennai 600 018. ... Respondents Writ Petition filed under Article 226 of the Constitution of India for the issuance of writ of Mandamus, directing the respondents to sanction to the petitioner her deceased mother's family pension along with arrears with interest. For Petitioner : Mr.R.Varadaraj For Respondents : Ms.M.E.Rani Selvam, AGP for R1 Mr.V.Vijayshankar for R2 ORDER
The petitioner's mother worked as a Teacher in an aided middle school and retired voluntarily on 01.04.1990. She was in receipt of pension. She died on 18.09.2012. According to the petitioner, even while her mother was alive, her father married another lady. Hence, he is not entitled to family pension as per Rule 49(6) of the Tamil Nadu Pension Rules.
2. The petitioner is aged 44 years. She lost her husband in the year 2007. She was dependent on her mother, particularly after the death of her husband. According to the petitioner, she is not getting any pension due to the death of her husband, as her husband was not in any government employment.
3. In these circumstances, the petitioner made a representation dated 09.05.2013 to the first respondent to send proposals for family pension to the second respondent based on G.O.Ms.No.325 Finance Department, dated 28.11.2011. The relevant portion of the said Government Order is extracted hereunder:- ".2 (i) Xa;t{jpajhuh;fs; / FLk;g Xa;t{jpajhuh;fspd; 25 tajpw;F nkw;gl;l jpUkzkhfhj kfs;fSk; / tpjit / tpthfuj;jhd kfs;fSk; mth;fs; thH;ehs; KGikf;Fk; FLk;g Xa;t{jpak; bgw jFjpa[ilath;/".
4. The petitioner has filed this writ petition, seeking for a direction to sanction family pension due to the death of her mother with arrears.
5. When the matter is taken up for hearing, the learned counsel for the petitioner has submitted that the petitioner would be satisfied if the representation of the petitioner dated 09.05.2013 is disposed of by the first respondent in the light of the Government Order in G.O.Ms.No.325 Finance dated 28.11.2011 and more particularly Para 2(i) of the Government Order.
6. In these circumstances, the writ petition is disposed of, directing the first respondent to consider the representation of the petitioner dated 09.05.2013 in the light of the Government Order in G.O.Ms.No.325 Finance dated 28.02.2011, more particularly Para 2(i) of the Government Order and pass orders thereon, within a period of four weeks from the date of receipt of a copy of this order. No costs. 30.07.2013 Index : Yes/No Internet: Yes/No svki To 1.Assistant Elementary Educational Officer, Chennai Middle School, No.88, Thana Street, Purasaiwakkam, Chennai -7. 2.The Accounts Officer, Pension (Section -34), The Accountant General Office, 361, Anna Salai, Chennai 600 018. D.HARIPARANTHAMAN, J.
svki W.P.No.21058 of 2013 31.07.2013