Disposed

Vivekramkumar I v. The Commisisoner

Madras HC8 Aug 2024WP(MD)/12515/2022

Case brief

AI extract

What is this about?

Petitioner filed a writ petition seeking a directive to stop the disbursement of family pension to the fourth respondent, his deceased mother's remarried husband. The court directed the second respondent to consider the representation on merits and pass orders within eight weeks.

What did the court decide?

Directed the second respondent to consider the petitioner's representation and pass orders on merits within eight weeks.

Vivekramkumar I Vs The Commisisoner — Pension and Retirement Benefits | Madras HC (2024)

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W.P.(MD).No.12515 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 08.08.2024

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CORAM:

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THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

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W.P(MD)No.12515 of 2022

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I.Vivekramkumar ... Petitioner

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Vs.

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The Commissioner, Treasury Accounts Department, Combined Buildings, 3^rd Floor, 571, Annasalai, Nanthanam, Chennai – 600 035.

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The Tamil Nadu Accountant General (A& E) Annasalai, Thenampettai, Chennai – 600 018.

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The District Treasury Officer, District Treasury, District Collector Office, Madurai – 625 020.

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G.Ingersal ... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 3 not to disburse the pension amount in PPO No.C279170/PH to the fourth

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https://www.mhc.tn.gov.in/judis

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W.P.(MD).No.12515 of 2022

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respondent by considering the petitioner's representation dated 25.03.2022.

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For Petitioner : Mr.K.Arunraj For R1 and R3 : Mr.S.Shanmugavel Additional Government Pleader For R2 : Mr.P.Gunasekaran

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O R D E R

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The present Writ Petition has been filed seeking a Mandamus not to disburse the family pension to the fourth respondent herein.

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2. According to the learned counsel appearing for the writ petitioner, the petitioner's mother K.Gangainathi was working as a Primary Health Worker at Government Primary Health Center and she got retired on 31.12.2009 and she was receiving pension. She passed away on 12.11.2019. Thereafter, the fourth respondent, who is the husband of the said Government servant was receiving family pension.

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3. The learned counsel appearing for the petitioner submits that the fourth respondent has already got remarried another lady and therefore, he is

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2/5

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https://www.mhc.tn.gov.in/judis

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W.P.(MD).No.12515 of 2022

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not eligible to receive family pension of the deceased K.Gangainathi. To the said effect, the petitioner has addressed a communication to the second respondent herein on 25.03.2022 and the same has also been acknowledged by the concerned officer. However, so far no orders have been passed.

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4. Considering the above said facts, the second respondent is directed

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to consider the representation made by the petitioner dated 25.03.2022 and pass orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

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5. With the above said observation, this Writ Petition stands disposed

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of. There shall be no order as to costs.

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08.08.2024

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NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi

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https://www.mhc.tn.gov.in/judis

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3/5

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W.P.(MD).No.12515 of 2022

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The Commissioner, Treasury Accounts Department, Combined Buildings, 3^rd Floor, 571, Annasalai, Nanthanam, Chennai – 600 035.

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The Tamil Nadu Accountant General (A& E) Annasalai, Thenampettai, Chennai – 600 018.

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The District Treasury Officer, District Treasury, District Collector Office, Madurai – 625 020.

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4/5

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https://www.mhc.tn.gov.in/judis

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W.P.(MD).No.12515 of 2022

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R.VIJAYAKUMAR,J.

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ebsi

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W.P(MD)No.12515 of 2022

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08.08.2024

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https://www.mhc.tn.gov.in/judis

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Vivekramkumar I v. The Commisisoner

Case brief

What is this about?

What did the court decide?

Vivekramkumar I v. The Commisisoner

Case brief

What is this about?

What did the court decide?

What the court decided

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