Writ petition challenging stoppage of family pension and recovery order against a widow who remarried. Court directed the respondent to verify the case and pass a fresh order within four months, disposing of the petition.
Direction to the respondent to verify the case and pass a fresh order within four months from receipt of the order copy.
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.
W.P.No.23543 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.09.2024
CORAM
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH
W.P.No.23543 of 2021 and W.M.P.No.24761 of 2021
R.Medona
... Petitioner
Vs.
The State of Tamil Nadu rep by Treasury Officer, District Treasury Office, Ooty, Nilgris District.
... Respondent
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records on the file of the respondent made in Na.Ka.No.4351/2020/D2 dated 28.09.2020 and the consequential order issued in Na.Ka.No.4351/2020/D2 dated 09.12.2020 and quash the same and consequently, direct the respondent to restore the family pension sanctioned in PPO.No.F1307901.
For Petitioner : M/s.Selvi George For Respondent : Mr.M.Muthusamy, GA
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W.P.No.23543 of 2021
O R D E R
This Writ Petition has been filed by the petitioner for quashment of the impugned order passed by the respondent made in Na.Ka.No.4351/2020/D2 dated 28.09.2020 and Na.Ka.No.4351/2020/D2 dated 09.12.2020 and
consequently, direct the respondent to restore the family pension sanctioned in PPO.No.F1307901.
Page 2 of 6
W.P.No.23543 of 2021
the petitioner filed a Divorce Petition in S.M.O.P.No.15 of 2020 before the
Family Court, Thiruvallur and the learned Judge had granted divorce on
19.03.2020. In the meanwhile, the petitioner has received an order from the Treasury Officer, Ooty in Na.Ka.No.4351/2020/D2 dated 28.09.2020 in which the family pension granted to the petitioner was stopped, since the petitioner got married to another person. Due to Covid-19 pandemic situation, the petitioner was unable to challenge the same. Subsequent to this, the respondent had passed an order of recovery of Rs.9,98,863/- in Na.Ka.No.4351/2020/D2 dated 09.12.2020. Against which, the petitioner has filed the present petition.
of her first husband, one Magendran, the petitioner and her daughter received the family pension and due to family circumstances, the petitioner re-married one Kanagarajan and her daughter got married to one Sampaul. The petitioner could not make out any case regarding grant of family pension, but there is a recovery of Rs.9,98,863/- which is under challenge before this Court.
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W.P.No.23543 of 2021
respondent and also perused the materials available on record.
costs. Consequently, connected Miscellaneous Petition is closed.
05.09.2024
vkr Index : Yes / No Speaking order / Non-speaking order
Page 4 of 6
W.P.No.23543 of 2021
To
The Treasury Officer, District Treasury Office, Ooty, Nilgris District.
Page 5 of 6
W.P.No.23543 of 2021
VIVEK KUMAR SINGH, J.
vkr
W.P.No.23543 of 2021 and W.M.P.No.24761 of 2021
05.09.2024
Page 6 of 6
1 issue framed by the court
Whether the order for recovery of family pension amount passed against the petitioner who remarried after her husband's death is valid and enforceable?
1 provisions across 1 enactments
R.Medona
The State of Tamil Nadu rep by Treasury Officer, District Treasury Office, Ooty, Nilgris District
VIVEK KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
