The High Court directed the Accountant General to process family pension papers within four weeks for an 83-year-old petitioner, authorizing payments from December 6, 2021, despite destroyed service records, instead of an Ex-Gratia payment.
The third respondent directed to process family pension papers within four weeks and start payments from 1st December 2021.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.09.2021
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.NO.17344 OF 2020
(THROUGH VIDEO CONFERENCING)
Tmt.Ellamma
... Petitioner
Vs
1. Government of Tamil Nadu, Represented by its Principal Secretary, Animal Husbandry, Dairying and Fisheries (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.
... Respondents
Prayer: Petition filed under Article 226 of the Constitution of
India to issue a Writ of Mandamus directing the respondents
sanction family pension instead of Ex-Gratia payment from the
date of sanction of Ex-Gratia payment to the petitioner.
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 sanction family pension instead of Ex-Gratia
payment from the date of sanction of Ex-Gratia payment to the
petitioner.
2. In Paragraph 8 of the counter affidavit, the second
respondent has stated as follows:-
“8. It is submitted that if the
petitioner submits her representation with the
particulars, this respondent will forward the
same to the Accountant General (A&E), Tamil Nadu,
Chennai and further action will be taken on the
basis of the directions to be issued by the
Accountant General of Tamil Nadu. Since the
documents relating to the service rendered by the
petitioner's husband were destroyed after keeping
the same for 35 years as per the provisions of
the District Office Manual, this respondent is
unable to take action to convert the Ex-gratia
payment into Family Pension.”
3. Considering the fact that the petitioner is aged about
83 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 and
Fisheries (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.
+1cc to M/s.T.Dharani, Advocate, S.R.No.50675
W.P.No.17344 of 2020
SS(CO)
RLP(26/10/2021)
1 issue framed by the court
Whether the High Court can direct the respondents to sanction family pension instead of Ex-Gruadia payment when pension records are missing.
1 provisions across 1 enactments
Tmt. Ellamma
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