Disposed

Venkatesh M v. The Principal Accountant General a and E Tamil Nadu

Madras HC29 Apr 2024WP(MD)/4676/2024

Case brief

AI extract

What is this about?

Family pension claim by the son of a deceased school headmistress was rejected because his medical certificate recorded schizophrenia but not chronic schizophrenia. The court directed him to reappear before the Medical Board for a fresh certificate on severity and to pursue his claim with it.

What did the court decide?

Petitioner to appear before Medical Board within three weeks; Board to issue fresh certificate on severity; petitioner may make family pension claim afresh. No costs.

Venkatesh M Vs The Principal Accountant… — Pension and Retirement Benefits | Madras HC (2024)

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WP(MD) No.4676 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 29.04.2024

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CORAM:

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THE HONOURABLE MS.JUSTICE R.N.MANJULA

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W.P.(MD)No.4676 of 2024

M.Venkatesh

.. Petitioner

Vs.

1.The Principal Accountant General A& E Tamilnadu, No.361, Anna Salai, Chennai- 600 018.

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2.The Block Educational Officer, O/o.The Block Educational Office, Ambasamudram Taluk, Tirunelveli District- 627 401.

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3.The Chairman, Medical Board, Tirunelveli Government Medical College Hospital, Tirunelveli- 627 011. .. Respondents

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Page No.1/10

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

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WP(MD) No.4676 of 2024

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of of Certiorarified Mandamus, calling for the records of the impugned orders in proceedings bearing Pen 16/II/PPT/10477/23-24 dated 11.12.2023 on the file of the 1^st respondent and proceedings bearing Oo.Moo.No.197/A3/2023 dated 26.12.2023 on the file of the 2^nd respondent and quash the same and direct the 1^st respondent to accord sanction of the family pension to the petitioner with effect from 27.07.2020 and further direct the 3^rd respondent to clarify or issue fresh medical certificate on the severity of Schizophernia being suffered by the petitioner and pursue the family pension for the petitioner.

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For Petitioner : Mr.S.Loganathan For Respondents : Mr.P.Gunasekaran Standing Counsel for R1 Mr.T.Amjdakhan Government Advocate for R2 & R3

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Page No.2/10

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

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ORDER

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WP(MD) No.4676 of 2024

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This writ petition has been filed for issuance of Writ of Certiorarified Mandamus, to quash the proceedings of the 1^st respondent in Pen 16/II/PPT/10477/23-24 dated 11.12.2023 and the proceedings of the 2^nd respondent in Oo.Moo.No.197/A3/2023 dated 26.12.2023 and for consequential direction to the 1^st respondent to accord sanction of the family pension to the petitioner with effect from 27.07.2020 and further direct the 3^rd respondent to clarify or issue fresh medical certificate on the severity of Schizophernia being suffered by the petitioner and pursue the family pension for the petitioner.

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2 . Heard Mr.S.Loganathan, learned counsel appearing for

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the petitioner, Mr.P.Gunasekaran, learned Standing counsel appearing for the first respondent and Mr.T.Amjdakhan, learned Government Advocate appearing for the respondents 2 & 3.

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Page No.3/10

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

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WP(MD) No.4676 of 2024

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3. The petitioner applied for the family pension consequent

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to the death of his mother Velammal, who was working as Headmistress in Panchayat Union Primary School, Singampatti. The claim of the petitioner was rejected through an order issued by the second respondent on 26.12.2023. The reason for rejection is as per the medical certificate produced before the authority, the petitioner was suffering with Schizophernia and not Chronic Schizophernia.

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4. It is learnt from the guidelines and the clarificatory notice issued by the Government in Letter No.51279/Fin(Pension)/2015-1 dated 22.09.2015 that the person suffering from Chronic or Chronic Severe Schizophernia is entitled to get family pension. For the sake convenience the said Government letter dated 22.09.2015 is extracted below:

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Page No.4/10

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

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WP(MD) No.4676 of 2024

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Page No.5/10

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

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WP(MD) No.4676 of 2024

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Page No.6/10

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

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WP(MD) No.4676 of 2024

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5. Mr.S.Loganathan, learned counsel for the petitioner

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submitted that the petitioner is suffering from Severe Schizophernia at least for 35 years and hence in all possibilities the Schizophernia suffered by him all these years is chronic, but the respondents did not consider his case and rejected the same.

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6. The respondents can come to the conclusion only on the basis of the medical certificate produced by the petitioner since the medical board/third respondent is not stated about the chronic nature of the Schizophernia in the medical certificate and he simply stated that the petitioner has Schizophernia. Hence, the first respondent has rejected the claim of the petitioner.

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7. However the petitioner can appear before the third

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respondent/Medical Board once again within a period of three weeks

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from the date of receipt of a copy of this order and on his appearance,

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Page No.7/10

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

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WP(MD) No.4676 of 2024

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the third respondent shall consider the severity condition of the petitioner in an elaborate manner and issue certificate afresh as early as possible. So it is open to the petitioner to approach the authorities concerned with a fresh medical certificate obtained by him through the third respondent/Medical Board and make his claim.

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8. With the above direction, this writ petition is disposed

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of . No Costs.

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29.04.2024

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Index : Yes / No Internet : Yes / No NCC : Yes / No PJL

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To 1.The Principal Accountant General A& E Tamilnadu, No.361, Anna Salai, Chennai- 600 018.

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2.The Block Educational Officer, O/o.The Block Educational Office, Ambasamudram Taluk,

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Page No.8/10

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

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WP(MD) No.4676 of 2024

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Tirunelveli District- 627 401.

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3.The Chairman, Medical Board, Tirunelveli Government Medical College Hospital, Tirunelveli- 627 011.

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Page No.9/10

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

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WP(MD) No.4676 of 2024

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R.N.MANJULA, J.

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PJL

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W.P.(MD)No.4676 of 2024

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29.04.2024

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Page No.10/10

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

Venkatesh M v. The Principal Accountant General a and E Tamil Nadu

Case brief

What is this about?

What did the court decide?

Venkatesh M v. The Principal Accountant General a and E Tamil Nadu

Case brief

What is this about?

What did the court decide?

What the court decided

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