The High Court dismissed a writ appeal against a Single Judge's order granting family pension. The Court found no perversity in the lower order and directed the respondents to sanction and disburse the pension with arrears.
Respondents directed to sanction and disburse family pension to the respondent within four months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN AND THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN
W.A.NO.951 OF 2021 AND C.M.P.NO.5764 OF 2021
Government High School,
... Appellants
..Vs..
... Respondents
Prayer :
Writ Appeal filed under Clause 15 of the Letters Patent, against the order, dated 29.11.2018, passed in W.P.No. 25519 of 2016.
Prayer in W.P.No. 25519 of 2016:-
Petition filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents to sanction and disburse the eligible family pension with arrears and accrued interest to the petitioner Mrs.G.Irudayamery on account of the death of the petitioners husband Mr.Gnanasamy Who was in service under the third respondent.
For Appellants : Mr.K.R.Tippusultan Special Government Pleader(Edn)
For Respondents : Mr.R.Prabudoss (R1) Mr.T.S.Selvamani (R2)
J U D G M E N T
(Judgment of the Court was delivered by S. VAIDYANATHAN,J)
The present Writ Appeal has been preferred against the order passed by the learned Single Judge in W.P.No.25519 of 2016, dated 29.11.2018, by which the Appellants were directed to sanction and disburse the family pension to the writ petitioner from the date of death of her husband along with arrears, within a period of four weeks.
“4. In the aforesaid judgment, when it is held that a pensioner receiving three types of pension, namely, Freedom Fighter's Pension from the Central Government, another Freedom Fighter's Pension from the State Government and Civil Service Pension for having employed in Civil Service cannot be restricted to one pension and if it is restricted, that would amount to deprivation of the national honour bestowed upon the freedom fighters for their supreme sacrifice made to the freedom of our Nation from foreign rule. The same analogy will also equally apply to the present case inasmuch as the petitioner's husband late Gabriel, C. having employed in Indian Army, retired there from and received pension as Ex-serviceman. After his retirement from Army, he
joined as a driver in the 2 nd respondent Tamil Nadu State Transport Corporation and again retired from service w.e.f. 30.10.2003 and for his services rendered with the Transport Corporation, he was also paid with pension by order dated 18.12.2006. Therefore, the petitioner while receiving her family pension from Indian Army, there is no bar for her to receive the pension from the State Transport Corporation for the services rendered by her husband as a driver in the 2nd respondent Transport Corporation.
the pension from the State Government, in addition to getting family pension from Indian Army, thereby allowed the Writ Petition filed by the 1st Respondent herein.
learned Single Judge and hence, this Writ Appeal is liable to be dismissed. Accordingly the same is dismissed. The Appellants are directed to sanction and disburse the family pension to the 1st Respondent, within a period of four months from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous petition is closed.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
arr
To
+1cc to the Government Pleader, S.R.No.45812
+1cc to Mr.R.Prabudoss, Advocate, S.R.No.45976
W.A.No. 951 of 2021
SRII(CO) PM/11/10/2021
2 issues framed by the court
Whether the High Court can find perversity in the Single Judge's order directing the sanction of family pension to the widow.
Whether the appellants are liable to continue the direction to sanction and disburse the family pension.
The District Educational Officer, Villupuram District
The Headmaster, Government High School, Perumangalam
G. Irudayamery
The Principal Accountant General (A&E) Tamil Nadu
S. VAIDYANATHAN
A.A.NAKKIRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
