Disposed

S. Ramalakshmi, v. the Accountant General

Madras HC5 Mar 2015WP(MD)/15706/2014

Case brief

AI extract

What is this about?

This writ petition sought mandamus for restoring 100% family pension to the petitioner after her husband's first wife died. The court directed the petitioner to surrender the existing authorisation and submit the death certificate to the second respondent, who must forward the proposal to the first respondent for final orders.

What did the court decide?

Directed the petitioner to surrender the authorisation and submit the death certificate to the second respondent within two weeks for processing the pension claim.

S. Ramalakshmi, Vs the Accountant General — Pension and Retirement Benefits | Madras HC (2015)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.03.2015

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CORAM:

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THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU

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Writ Petition(MD)No.15706 of 2014

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S.Ramalakshmi ... Petitioner

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Vs.

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1.The Accountant General, (Accounts and entitlements) of Tamil Nadu, Office of the Accountant General of Tamil Nadu, 361, Anna Salai, Chennai – 600 018.

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2.The Treasury Officer, Collectorate, Palayamkottai, Tirunelveli, Tirunelveli District. ... Respondents

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PRAYER :- Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the first respondent to issue orders for the restoration of 100% family pension to the petitioner based on the representation, dated 27.06.2014 and pass such further or other orders.

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For Petitioner: Mr.J.Jeyakumaran

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For R – 1 : Mr.P.Gunasekaran

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For R – 2 : Mr.J.Gunaseelan Muthiah, Govt. Advocate

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ORDER

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The petitioner seeks for a Mandamus directing the first respondent to issue orders for the restoration of 100% family pension to the petitioner based on the representation, dated 27.06.2014.

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The grievance of the petitioner is that after the death of the first wife of the deceased husband of the petitioner, she is entitled to get 100% pension. It is further stated by the https://hcservices.ecourts.gov.in/hcservices/ petitioner that the factum of death of the first wife namely Valliammal was also intimated to the respondents.

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Mr.J.Gunaseelan Muthiah, learned counsel appearing for the second respondent submitted that the petitioner has to surrender the authorisation issued in favour of the said Valliammal and also by enclosing the Death Certificate of the said person before the second respondent and if the same is done, the second respondent will send the proposal to the first respondent, who in turn will consider the claim of the petitioner and pass appropriate orders without any further delay.

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Considering the submission made by the learned counsel appearing for the respondents, this Writ Petition is disposed of with a direction to the petitioner to surrender the authorisation issued in favour of the said Valliammal (first wife) along with the Death Certificate of the said person before the second respondent within a period of two weeks from the date of receipt of a copy of this order. On receipt of such particulars, the second respondent shall forward the proposal to the first respondent for disbursment of 100% pension to the petitioner within a period of two weeks thereafter and on receipt of such proposal from the second respondent, the first respondent shall pass appropriate orders within a period of two weeks thereafter. No costs.

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Sd/-

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Assistant Registrar(P & A)

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/True Copy/

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Sub-Assistant Registrar

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1.The Accountant General,

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(Accounts and entitlements) of Tamil Nadu,

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Office of the Accountant General of Tamil Nadu,

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361, Anna Salai, Chennai – 600 018.

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2.The Treasury Officer, Collectorate,

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Palayamkottai, Tirunelveli, Tirunelveli District.

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+1cc to Mr.J.Jeyakumaran, Advocate, in SR. No.10650.

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+1cc to Special Government Pleader, in SR No.10978.

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W.P(MD)No.15706 of 2014 05.03.2015

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ps msm 16.03.2015 p2/5c

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https://hcservices.ecourts.gov.in/hcservices/

S. Ramalakshmi, v. the Accountant General

Case brief

What is this about?

What did the court decide?

S. Ramalakshmi, v. the Accountant General

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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