R.Karthika Vs the Secretary

The Director of School Education, Directorate of School Education, No.17, DPI Campus, Opposite Sankara Nethralaya Hospital, College Road, Subba Road Avenue,

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Nungambakkam – 600 034.

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The Accountant General, The Office of the Principal Accountant General (A & E), Tamil Nadu, No.361, Anna Salai, Teynampet, Chennai – 600 018.

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The Headmaster, Government Higher Secondary School, Bairnatham, Pappireddipattu, Dharmapuri District. ...Respondents

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W.P.No.36392 of 2025

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Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the representation dated 10.05.2025 reminder dated 26.07.2025 by relaxing Rule 49(6) of the Tamil Nadu Pension Rules, 1978 in exercise of powers under Rule 82 the said Rules by sanctioning Family Pension to the petitioner for the period from November 2024 till completion of the petitioner's graduate education and getting gainful employment.

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For Petitioner : Mr.Sai Srujan Tayi

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For Respondents : Mrs.S.Mythreye Chandru, SGP(E), for R1, 2 & 4 : Mr.T.Ravi Kumar, Standing Counsel, for R3

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ORDER

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This Writ petition has been filed seeking to direct the respondents to consider the petitioner's representation dated 10.05.2025 as well as the reminder dated 26.07.2025 and consequently, sanction Family Pension in her favour for the period from November 2024 till completion of her graduate education and getting gainful employment, by relaxing Rule 49(6) of the Tamil Nadu Pension Rules, 1978, in exercise of powers under Rule 82 of the said Rules.

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W.P.No.36392 of 2025

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Mrs.S.Mythreye Chandru, learned Special Government Pleader

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takes notice on behalf of the respondents 1, 2 & 4 and Mr.T.Ravi Kumar, learned Standing Counsel takes notice on behalf of the 3^rd respondent. In

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view of the consent expressed by the learned counsel on either side, this Writ petition is taken up for final disposal at the admission stage itself.

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The case of the petitioner is that, her mother namely, late K.Shenbagarani joined the services of the 4^th respondent on 18.06.1991 and when she was working as an English BT Assistant, due to certain health

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ailments, the petitioner's mother died on 01.11.2014. Thereafter, the petitioner's father deserted both the petitioner and her elder sister and remarried another women. Though initially the petitioner's elder sister was receiving the family pension and subsequently, the petitioner was receiving the same, as per Rule 49(6) of the Tamil Nadu Pension Rules, 1978, which mandates payment of family pension in favour of an unmarried daughter until she attain 25 years or till marriage, whichever is earlier, since the petitioner attained the age of 25 years on 14.11.2024, the family pension paid to the petitioner was stopped, due to which, the petitioner is put to great

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W.P.No.36392 of 2025

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hardships, since she is still pursuing her studies. Therefore, the petitioner made a representation before the respondents on 10.05.2025, seeking relaxation of Pension rules and also for payment of family pension in her favour, till she completes her graduate education and gets gainfully employed. However, till date, no action has been taken by the respondents. Hence, this writ petition.

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Learned counsel for the petitioner submitted that, it would suffice,

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if this Court issues a direction to the respondents to consider the petitioner's representation dated 10.05.2025 and also the reminder dated 26.07.2025 and consequently, sanction Family Pension in her favour, as expeditiously as possible.

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Learned counsel appearing on behalf of the respective respondents

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submit that appropriate orders will be passed on the petitioner's representation dated 10.05.2025 within the time stipulated by this Court.

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W.P.No.36392 of 2025

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In view of the above, this Court, without going into the merits of

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the case, directs the 1^st respondent to consider the petitioner's representation dated 10.05.2025 and also the reminder dated 26.07.2025 and pass appropriate orders on merits and in accordance with law, within a period of twelve (12) weeks from the date of receipt of a copy of this order, after affording opportunity of hearing to the petitioner and aggrieved persons, if any.

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With the above directions, this Writ petition stands disposed of. No

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costs.

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25.09.2025

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skt Index : Yes/No Speaking order : Yes/No NCC : Yes/No

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W.P.No.36392 of 2025

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To:

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The Secretary, Tamil Nadu Education Department, Fort St. George, Chennai.

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The Director of School Education, Directorate of School Education, No.17, DPI Campus, Opposite Sankara Nethralaya Hospital, College Road, Subba Road Avenue, Nungambakkam – 600 034.

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