1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.12.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.14658 of 2011 and M.P.(MD).No.1 of 2011 N.Princert Devairakkam Rep. by her legal guardian N.Thanga Jeyaseelan ... Petitioner Vs. 1.The State of Tamil Nadu Rep. by its Secretary Tamil Nadu Eletricity Board Department, Fort St.George, Chennai 9. 2.The Chief Internal Audit Officer, Board Office Audit Branch/TNEB N.P.K.R.R. Maaligai, 1st floor, 800, Anna Salai Road, Chennai 2. 3.The Accountant General Office of the Accountant General 261, Anna Salai, Chennai 18. 4.The District Collector, Kanyakumari District,Nagercoil. 5.The Superintending Engineer, Kanyakumari Electricity Distribution Circle, Tamil Nadu Electricity Board, Parvathipuram, Nagercoil, Kanyakumari District 3. 6.The Superintending Engineer, Tirunelveli Electricity Distribution Circle, Tamil Nadu Electricity Board, Tirunelveli, Tirunelveli District. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents forthwith to sanction the family pension to the petitioner. For Petitioner : Mr.S.Xavier Rajini For RR1, 2, 5 & 6 : Mr.C.Selvaraj For R3 : Mr.P.Gunasekaran For R4 : Mr.B.Pugalendhi, Special Government Pleader O R D E R The present writ petition has been filed by one N.Princert Devairakkam thereby represented by her legal guardian N.Thanga Jeyaseelan, S/o.Late.V.Navamani. https://hcservices.ecourts.gov.in/hcservices/ 2 2. The learned counsel appearing for the petitioner submits that the petitioner's father late V.Navamani worked as a lineman in Tirunelveli Electricity Distribution Circle in Tamil Nadu Electricity Board for 17 years and after reaching the age of superannuation, retired from service on 27.04.1973 and thereafter he was receiving family pension under pension payment order No.486. Later he died on 21.12.1992 leaving behind his wife, 6 sons and 2 daughters. The petitioner's sister N.Princert Devairakkam is an unmarried mentally retarded woman aged about 55 years and she is mentally retarded from birth. Therefore she is fully depending upon her mother. Under this circumstances for continuance of family pension, the petitioner's mother Tmt.Arulmani submitted an application. The second respondent, the Chief Internal Audit Officer, Board Office Audit Branch/TNEB, Chennai has also by his proceedings dated 23.02.1995 sanctioned the pension to the petitioner's mother. Even during the life time of the petitioner's mother, another representation was made to the fourth respondent, the District Collector, Kanyakumari District, Nagercoil on 24.05.2004 requesting him to sanction family pension to the petitioner's sister. After her demise the fourth respondent has forwarded the same to the fifth respondent intimating that after the death of the petitioner's mother the pension can be given to the eligible person as per the rule in their communication dated 09.06.2004, but the petitioner's sister N.Princert Devairakkam has not been till date granted the benefit of pension. After making number of representations followed by reminders, since there is no response, the petitioner has come to this Court. 3. The learned Special Government Pleader appearing for the fourth respondent submits that the petitioner's sister being a mentally retarded person and being a daughter of erstwhile employee of Tamil Nadu Electricity Board, is entitled to get pension under Rule 49(6)(iii) of the Tamil Nadu Pension Rules, 1978. 4. Rule 49(6)(iii) of the Tamil Nadu Pension Rules, 1978 reads as follows: “In the case of an unmarried daughter, until she attains the age of twenty five years or until she gets married whichever is earlier: Provided that if the son or daughter of a Government servant including the son or daughter, born after retirement from the marriage solemnized before or after retirement of a Government servant, is suffering from any disorder of disability of mind including mentally retarded or is physically crippled or disabled, whether such handicap manifests before or after retirement or death while in service of a Government servant so as to render him or her unable to earn a living even after attaining the age of 25 years in the case of the daughter, the family pension shall be payable to such son or daughter for life ...” 5. However, the learned counsel appearing for the third respondent would submit that the petitioner should approach the respondents 5 and 6 by making appropriate application. In reply, the learned counsel appearing for the petitioner has submitted that a proper application has already been made enclosing all the requisite documents. For which, Mr.C.Selvaraj, learned counsel appearing for the Electricity Board has submitted that the petitioner has not enclosed the important document viz., pension order https://hcservices.ecourts.gov.in/hcservices/ 3 passed by the Tamil Nadu Electricity Board. If the petitioner furnish the copy of the pension order passed by the Department granting pension to the petitioner's father and subsequently to her mother along with other requisite documents, the same would be considered in accordance with law. 6. Recording the said statement, this Court by taking note of the proceedings dated 31.07.2009 issued by the fifth respondent recommending the case of the petitioner for payment of pension on the ground that the petitioner is a mentally retarded person, who is falling under Rule 49(6) (iii) of the Rules, this Court directs the second respondent, the Chief Internal Audit Officer, Board Office Audit Branch/TNEB to consider and pass necessary order granting pension in favour of the petitioner for the reason that admittedly the petitioner's father was receiving pension from the second respondent. Subsequently after the demise of the petitioner's father, the petitioner's mother also received family pension from the second respondent. 7. In that view of the matter the fifth respondent is directed to forward all the papers submitted by the petitioner to the office of the second respondent and the second respondent is directed to pay the pension in terms of Rule 49(6)(iii) of the Tamil Nadu Pension Rules, 1978 within a period of eight weeks from the date of receipt of a copy of this order. 8. The Writ Petition is disposed of accordingly. Consequently, connected Miscellaneous Petition is closed. No costs. SD ASST REGISTRAR ( Records ) /TRUE COPY/ SUB ASST REGISTRAR rj2 To 1.The Secretary, Tamil Nadu Eletricity Board Department, Fort St.George, Chennai 9. 2.The Chief Internal Audit Officer, Board Office Audit Branch/TNEB N.P.K.R.R. Maaligai,1st floor, 800, Anna Salai Road, Chennai 2. 3.The Accountant General Office of the Accountant General, 261, Anna Salai, Chennai 18. 4.The District Collector, Kanyakumari District, Nagercoil. 5.The Superintending Engineer, Kanyakumari Electricity Distribution Circle, Tamil Nadu Electricity Board, Parvathipuram, Nagercoil, Kanyakumari Dt 6.The Superintending Engineer, Tirunelveli Electricity Distribution Circle, Tamil Nadu Electricity Board, Tirunelveli, Tirunelveli District. 1CC TO MR.C. SELVARAJ, ADVOCATE, SR: 45730: 1CC TO MR. XAVIER RAJINI, ADVOCATE,SR:45516: 1CC TO MR. P.GUNASEKAR, ADVOCATE,SR: 45403: DM::2012:JANUARY::10:: W.P.(MD)No.14658 of 2011 and M.P.(MD).No.1 of 2011 22.12.2011 3P:10C: https://hcservices.ecourts.gov.in/hcservices/