1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.09.2011 CORAM: THE HON'BLE MR.JUSTICE S.MANIKUMAR W.P.(MD)No.11041 of 2011 S.Balagurunathan ..Petitioner Vs. 1.The Director of Pensions, Government of Tamil Nadu, Chennai-600 002. 2.The Accountant General, Office of the Accountant General, (Accounts and Entitlements), Chennai-600 018. 3.The District Education Officer, Department of Elementary Education, Tuticorin District. 4.The Assistant Elementary Educational Officer, Ottapidaram, Tuticorin District. 5.The Treasurer Officer, Treasury Office, Tuticorin District. .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified mandamus to call for the proceedings of the 5th respondent vide R.C.No.15647/05/J1 dated 13.10.2005 and quash the same and consequently direct the 1st respondent to commence payment of family pension which is already sanctioned vide P.P.O.No.DC/542542 EDA dated 16.09.2005 to the petitioner, within the time limit imposed by this Court. For Petitioner : Mr.M.Arun Murugan For Respondents : Mr.T.S.Mohamed Mohideen Additional Government Pleader O R D E R The impugned proceedings of the Treasury Officer, Tuticorin District reads as follows: “Treasuries and Accounts Department From To Thiru.D.Ganesan,M.Com.,AICWAI, The Accountant General Treasury Officer, (A& E) Thoothukudi. TamilNadu, Chennai-600 018. R.C.No.15647/05/J1, dated 13.10.05 Sir, Sub:Pension -Teacher Family Pension - Thiru.S.Balagurunathan guardian of Thiru.S.Varatharaja Perumal holder of https://hcservices.ecourts.gov.in/hcservices/ 2 PPO.No.DC.542542/EDA-pension records received from the Accountant General, Chennai clarification requested. Regarding. Ref:1.G.O.Ms.No.327 dated 30.08.2001. 2.AGS P12/4/S11-96/FP/04-05, dated 14.07.04. 3.Government of Tamilnadu Finance (pension) Department, Letter No. 10544/pension/2002-03, dated 13.09.2004. 4.AGs P22/2/I8-638/FP/2005-2006/6211 dated 16.09.05. --- In the reference 4th cited One Teacher Family Pension sanctioned to Thiru.S.Varatharaja Perumal S/o Late Smt.Indrani.K, who is 100% physically handicapped and the amount is payable to Thiru.S.Balaguranathan, guardian of Thiru.Varatharaja Perumal holder of PPO.No.DC.542542/EDA with effect from 21.03.98 onwards. As per this pension payment order, Enhanced Family Pension of Rs.2922/- with effect from 21.03.98 to 04.05.2004 and NFP of Rs.1,913/- PM thereafter authorised. On verification of this Office Records he is already drawing civil Family pension (vide AGs letter in the Ref II nd cited) with effect from 21.03.1998 onwards. As per that pension payment order Enhanced Family Pension of Rs.3550/-PM with effect from 21.03.1998 to 18.09.2003 and NFP of Rs.2130/- thereafter. Now, he is getting civil Family pension as follows: Pension Rs.2130/- 67% DA Rs.1428/- MA Rs. 50/- ---------- Rs.3608/- --------- As per Go.Ms.No.327 Finance (pension) Dept. dated 30.08.2001 the Family Pension in respect of Sons/Daughters are not admissible when they are earning a sum of Rs.2550/- and more from the Government or in the private sector, self employment etc. As per para 5 of the Government letter No.10544/ Finance / (pension) Department/2002-03 dated 13.09.2004, it is clarified that the Son/Daughter who is in receipt of Family pension of Rs.2550/- or above in respect of one of the parents will not be eligible for the second Family pension. Hence the Teacher Family pension payment in respect of Thiru.S.Balagurunathan guardian of Thiru.S.Varatharaja Perumal holder of PPO.NO.DC.542542/EDA has not been made at this office due to the above doubts. I request that necessary clarification may kindly be issued whether the Teacher Family Pension may be paid or not for taking further action. An early reply is requested in this matter. Treasury Officer, Thoothukudi. https://hcservices.ecourts.gov.in/hcservices/ 3 Copy to Thiru.S.Balagurunathan, Guardian of Thiru.S.Varatharaja Perumal, No.2/73, North Street, Saminathan, Puthiamputhoor-628 402. Thoothukudi District.” 2.It is the grievance of the petitioner that on the basis of the above said letter, Family Pension has been abruptly stopped. During the course of arguments, learned counsel for the petitioner submitted that the clarification issued by the Government in letter No.17109/Pension/2010, dated 24.06.2010 appended to the typed set of papers may be made applicable to the facts of the case and therefore the impugned proceedings have to be quashed. 3.What is sought for in the impugned letter of the Treasury Officer, Tuticorin, addressed to the Accountant General (A &E), Tamil Nadu, is only clarification, as to whether, Family Pension has to be continued. If the letter dated 24.06.2010, supports the case of the petitioner, nothing prevented him from making a representation, to the competent authorities to continue payment of pension. The letter seeking for clarification by the Treasury Officer, Tuticorin District, cannot be said to be manifestly warranting interference. Hence, the writ petition is dismissed. 4.However, it is open to the petitioner to make a representation to the competent authorities, for continuation of pension along with the copy of the Government letter above referred dated 24.06.2010. If the Government had already clarified the issue, there should not be any delay in considering the case of the petitioner. If any such representation is made, the same shall be considered on merits and in accordance with law, within a period of 8 weeks from the date of receipt of the representation. No costs. SD ASST REGISTRAR ( AS ) /TRUE COPY/ SUB ASST REGISTRAR vs To 1.The Director of Pensions, Government of Tamil Nadu, Chennai-600 002. 2.The Accountant General, Office of the Accountant General, (Accounts and Entitlements), Chennai-600 018. 3.The District Education Officer, Department of Elementary Education, Tuticorin District. 4.The Assistant Elementary Educational Officer, Ottapidaram, Tuticorin District. 5.The Treasury Officer, Treasury Office, Tuticorin District. 1CC TO THE SPL. GOVT PLEADER SR; 33706: DM::2011:SEPTEMBER:28:: W.P.(MD)No.11041 of 2011 3P:7C:; Dated:- 27.09.2011 https://hcservices.ecourts.gov.in/hcservices/