1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:16.12.2011 CORAM THE HONOURABLE MR.JUSTICE T.RAJA WP(MD)No.14413 of 2011 S.Perumal Ammal :Petitioner -Vs- 1.The District Collector, Tirunelveli. 2.The Revenue Divisional Officer, Tenkasi, Tirunelveli District. 3.The Tahsildar, Tenkasi, Tirunelveli District. :Respondents Prayer:Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to sanction Family Pension to the petitioner and forward necessary pension proposal to the Accountant General, Chennai to admit pension within a stipulated period fixed by this Court. For Petitioner:M/s.P.Veerabaku For Respondent:Mr.B.Pugazhenthi,Special Govt.Pleader ORDER The petitioner S.Perumal Ammal, wife of Late. Subramanian, Village Assistant has filed the present Writ Petition with a limited prayer to issue a Writ of Mandamus to direct the respondents to sanction family pension to her and forward necessary pension proposal to the Accountant General to admit pension within a reasonable period of time fixed by this Court. 2.It has been submitted that the petitioner's husband Late. Subramanian, who was appointed as Thalaiyari at Elangi Village on 21.01.1961 by the Revenue Divisional Officer, Tirunelveli died on 16.03.1997 after rendering 36 years of service as Village Assistant. At the time when the petitioner's late husband was live, he received basic salary of Rs.600/- with other allowances, totalling to Rs.1678/- as per the certificate issued by the Tahsildar of Tenkasi on 25.06.1996. After the death of the petitioner's husband since her late husband has rendered 36 years of service from the year 1961 to to 16.03.1997 and half of the said service 18 years is qualifying service for pensionary benefits as per G.O.Ms. No.408 Finance (pension) Department, dated 25.08.2009 and Rule 11(2) of Tamil Nadu Pension Rules, 1978, the petitioner claimed family pension from 17.3.1997. By submitting a representations dated 19.2.1999, 26.2.2010 and 26.09.2011, the petitioner has prayed for family pension. Subsequently, thereafter though the second https://hcservices.ecourts.gov.in/hcservices/ 2 respondent by his memo, dated 17.11.2009 informed the petitioner that necessary instruction was issued to the third respondent herein to do the needful, till date, no final order came from the third respondent. As a result the petitioner has come to this Court with the present Writ Petition. 3.The learned Special Government Pleader appearing for the respondents submits that it is not known whether the late husband of the petitioner has given rise to any adverse remarks. However, the petitioner's representation can be disposed of if suitable direction is given, as the petitioner is the wife of Late Subramaniam, who died on 16.03.1997. Since 1997, various representations addressed by the petitioner to the respondents have not been properly answered by the respondents, this Court is inclined to direct the respondents to pass appropriate orders on merits and in accordance with law by entertaining the petitioner's representation, dated 26.09.2011 within a period of four weeks from the date of receipt of a copy of this Court. The petitioner is also directed to give one more copy of the above said representation along with a copy of this order within one week thereafter within four weeks and the respondents 2 and 3 are directed to pass appropriate orders. 4.On consideration of the petitioner's representation, if the respondents 2 and 3 come to the conclusion that the petitioner is entitled to family pension as per the pension rules the respondents 1 and 2 shall send the pension proposal to the competent authority as expeditiously as possible, preferably within one month thereafter so that the widow of the late Subramanian can see the light of the day. 5.With the above direction, the Writ Petition is disposed of. No costs. Sd/- Deputy Registrar (Accounts) / TRUE COPY / Assistant Registrar To: 1.The District Collector, Tirunelveli. 2.The Revenue Divisional Officer, Tenkasi, Tirunelveli District. 3.The Tahsildar, Tenkasi, Tirunelveli District. +1CC to The Special Government Pleader. SR.No.44332. Vsn RP/03.01.2012/2P/5C. W.P(MD)No.14413 OF 2011 16.12.2011 https://hcservices.ecourts.gov.in/hcservices/