1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.12.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.14593 of 2011 D.Lakshmi ... Petitioner Vs 1. The District Treasury Officer, Madurai. 2. The Assistant Treasury Officer, Thirumangalam, Madurai District. 3. The Block Development Officer, Natham Panchayat Union, Natham, Dindigul District. ... Respondents Prayer: Writ Petitions are filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents for grant of Family Pension payable under Tamil Nadu Family Benefit Scheme from 30.07.2001 within a time frame. For Petitioner : Mr.N.Vallinayagam For Respondents : Mr.B.Pugalendhi Special Government Pleader for R.1 and R.2 : Mr.Kumar for R.3 *** O R D E R This Writ Petition has been filed by the petitioner under Article 226 of the Constitution of India for a Writ of Mandamus to direct the respondents for grant of Family Pension payable under Tamil Nadu Family Benefit Scheme from 30.07.2001 within a time frame. 2. Heard Mr.N.Vallinayagam, learned Counsel for the petitioner, Mr.B.Pugalendhi, learned Special Government Pleader, who takes notice for the respondents 1 and 2 and Mr.Kumar, learned Counsel appearing for the third respondent. 3. By consent, the writ petition itself is taken up for final disposal. 4. The petitioner D.Lakshmi, W/o Late S.Dhanuskodi has come to this Court seeking issuance of mandamus to direct the respondents for https://hcservices.ecourts.gov.in/hcservices/ 2 grant of Family Pension payable under the Tamil Nadu Family Benefit Scheme from 30.07.2001 within a reasonable time. 5. The learned Counsel appearing for the petitioner submits that the petitioner is a legally wedded wife of Late S.Dhanuskodi. It has been stated that the petitioner's husband, who worked as a Social Welfare Assistant in the office of the third respondent/Block Development Officer, Natham, retired from service on 31.10.1997 and he also received his monthly pension till he died i.e. upto 30.07.2001, leaving her as only legal heir. It is also stated that her husband also nominated her as his legal heir in the family pension document, for the reason that his first wife Mrs.Ramu, who died 55 years ago and she had also no issue. Under this circumstance, the Tahsildar of Peraiyur has also issued a legal heir certificate showing that the petitioner is the only legal heir of her husband Late.S.Dhanuskodi. 6. The learned Counsel appearing for the petitioner further submits that when the petitioner's husband died on 30.07.2001, the second respondent, considering the petitioner as legal heir, has also paid a lump sum payment of Rs.25,000/- under the Tamil Nadu Government Pensioner's Family Security Fund Scheme. Further, till date there is no dispute with regard to the claim of the family pension payable to the petitioner under the Tamil Nadu Family Benefit Scheme. While so, the respondents cannot withhold the said benefit, even though the petitioner's husband, when he was alive, has nominated the petitioner as only legal heir in family pension document. 7. On perusal of the records, it shows that the petitioner's husband Late S.Dhanuskodi, while he was alive, has nominated the petitioner as his legal heir in the family pension document. If that being the case, when the petitioner's husband Late S.Dhanuskodi also received the pension, the respondents have to consider the case of the petitioner by taking up her written representations dated 08.09.2011 and 05.11.2011 and pass appropriate orders on merits and accordance with law, within a period of six weeks from the date of receipt of a copy of this order. 8. With the above directions, this writ petition is disposed of. No costs. sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar To 1. The District Treasury Officer, Madurai. 2. The Assistant Treasury Officer, Thirumangalam, Madurai District. 3. The Block Development Officer, Natham Panchayat Union, Natham, Dindigul District. + 1 cc to Mr.N.Vallinayagam, Advocate, SR No.45222 + 1 cc to The Special Government Pleader, SR No.45845 W.P.(MD)No.14593 of 2011 21.12.2011 ssl/RJ/2.1.12/(2p/6c) https://hcservices.ecourts.gov.in/hcservices/