The High Court directed respondents to consider the petitioner's representations dated 29.06.2018 and 20.07.2018 regarding the processing of her late husband's pension commutation under Tamil Nadu rules and pass orders within eight weeks.
Directed respondents to consider representations dated 29.06.2018 and 20.07.2018 and pass orders within eight weeks.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 28.11.2018
CORAM
THE HON'BLE DR.JUSTICE S.VIMALA
W.P.No.31318 of 2018
K.Saroja
.... Petitioner
Vs
1.The Director General, Highways Department HRS Campus, Chennai 600 025. 2.The Accountant General (A&E) No.361, Teynampet, Chennai 600 018. 3.The Principal Chief Engineer (Gen) Highways Department, Guindy Chennai 600 025. 4.The Superintending Engineer (C&M) Highways Department, Teynampet, Chennai 600 018. 5.The Divisional Engineer (C&M) Highways Department, Thiruvallur Division Thiruvallur.
6.The Assistant Divisional Engineer Highways (Construction & Maintenance) Thiruvallur Sub Division, Thiruvallur. ... Respondents For Petitioner : Mr.A.Subramani For Respondent : Mr.A.N.Thambidurai Special Government Pleader
Prayer : Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents to commutation the pension of the husband of the petitioner, based on the representation of the petitioner dated 29.6.2018 again on 20.07.2018 in accordance with the Tamil Nadu Civil Pensions (Commutation) Rules 1944 and pay the commutation pension benefits to the petitioner herein.
O R D E R
The petitioner's husband served as Gangman Mazdoor (Special Grade) in the Highways Department and retired on 31.10.2017 and he died on 28.12.2017. The grievance of the petitioner is that the pension proposals of the petitioner's husband Gunachandran has not yet been processed by the respondents. In this regard, she has sent representations to the respondents on 29.6.2018 again on 20.07.2018. As the same has not been considered, the petitioner has filed the present writ petition.
the Tamil Nadu Civil Pension Commutation Rules, which reads as under...
“9(1)(ii) Commutation shall become absolute on the date of application by the retiring government servant on the day following the date of his retirement whichever is later.”
Sd/Assistant Registrar(CS viii) //True Copy// Sub Assistant Registrar kst To
1.The Director General, Highways Department HRS Campus, Chennai 600 025.
3.The Principal Chief Engineer (Gen) Highways Department, Guindy Chennai 600 025.
5.The Divisional Engineer (C&M) Highways Department, Thiruvallur Division Thiruvallur.
6.The Assistant Divisional Engineer Highways (Construction & Maintenance) Thiruvallur Sub Division, Thiruvallur.
+1 CC TO GOVERNMENT PLEADER SR.NO. 65618 ASK(24/12/2018)
1 issue framed by the court
Whether the respondents are directed to consider the petitioner's representations regarding the commutation of her late husband's pension within a specific timeframe.
3 provisions across 2 enactments
K. Saroja
1. The Director General, Highways Department
2. The Accountant General (A&E)
3. The Principal Chief Engineer (Gen)
4. The Superintending Engineer (C&M)
5. The Divisional Engineer (C&M)
S. Vimala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
