The Madras High Court granted family pension to the petitioner, aged 65, directing the Accountant General to process the pending pension papers within four weeks and commence payments from 1st December 2021.
Direction to the Accountant General to process family pension within four weeks and start payment from 1st December 2021.
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 : 29.09.2021
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.NO.17340 OF 2020
(THROUGH VIDEO CONFERENCING)
Tmt.Puttammal
... Petitioner
Vs
1. Government of Tamil Nadu, Represented by its Principal Secretary,
Animal Husbandry, Dairying andFisheries (AHS) Department,Secretariat, Chennai – 9.2. The Deputy Director of Animal Husbandry, District Livestock Farm,
Hosur, Krishnagiri District – 635 110.
3. The Accountant General of Tamil Nadu,
Office of the Accountant General, Anna Salai, Teynampet, Chennai – 18.... RespondentsPrayer: Petition filed under Article 226 of the Constitution of
India to issue a Writ of Mandamus directing the respondents
herein to consider the proposal of the second respondent in his
Letter Na.Ka.No.418/B1/2016 dated 20.12.2019 regarding grant of
Family Pension to the petitioner herein instead of Ex-Gratia
payment.
For Petitioner : M/s.T.Dharani
For Respondents:
For R1 & R2: Mr.L.S.M.Hasan Fizal
Government Advocate
For R3: Mr.Vijay Narayan
ORDER
This writ petition has been filed to direct the
respondents to consider the proposal of the second respondent in
Na.Ka.No.418/B1/2016 dated 20.12.2019 regarding grant of Family
Pension to the petitioner instead of Ex-Gratia payment.
2. In paragraph 6 of the counter affidavit, the second
respondent has stated as follows:-
“6. It is submitted that as per the
provisions of District Office Manual, the pay
bills, acquittance rolls and Service Registers of
Government servants can only be retained upto 35
years and thereafter the same are to be
destroyed. Accordingly, the service records of
the said K.Krishnan were destroyed and hence the
particulars called for by the Accountant General
(A&E), Tamil Nadu, Chennai could not be
furnished. However, on the basis of the order
granting Ex-Gratia payment and available records,
a duplicate Service Register was prepared and
required entries were made therein with available
records. Thereafter, the proposal for conversion
of Ex-Gratia into Family Pension to the
petitioner herein was forwarded to the Accountant
General (A&E), Tamil Nadu, Chennai vide this
Officer Lr.Na.Ka.No.418/B1/2016 dated 20.12.2019
and the said proposal is now under consideration
by the 3rd respondent herein.”
3. Considering the fact that the petitioner is aged about
65 years and the pension papers are pending consideration before
the third respondent, the third respondent is directed to
process the family pension papers of the petitioner within a
period of four weeks from the date of receipt of a copy of this
order and take steps to start paying family pension to the
petitioner from 1st of December 2021.
4. This Writ Petition stands disposed of with the above
observations. No costs.
Sd/-
Assistant Registrar(CS-VII)
// True Copy //
Sub Assistant Registrar
arb
To |
|
|---|---|
1. |
The Principal Secretary,Government of Tamil Nadu,Animal Husbandry, Dairying andFisheries (AHS) Department,Secretariat, Chennai – 9. |
2. |
The Deputy Director of Animal Husbandry,District Livestock Farm,Hosur, Krishnagiri District – 635 110. |
3. |
The Accountant General of Tamil Nadu,Office of the Accountant General,Anna Salai, Teynampet,Chennai – 18. |
+1c |
c to M/s.T.Dharani, Advocate, S.R.No.50674 |
W.P.No.17340 of 2020 |
|
SS(RLP |
CO)(26/10/2021) |
2 issues framed by the court
Whether the writ court should direct the respondents to consider the proposal for grant of family pension instead of ex-gratia payment given the pending status of service records and the petitioner's
What time limit should be imposed on the government authorities to process and start paying the family pension.
1 provisions across 1 enactments
Tmt. Puttammal
Government of Tamil Nadu
Deputy Director of Animal Husbandry
Accountant General of Tamil Nadu
C.Saravanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court