Widow receiving family pension sought inclusion of her 80% disabled son in pension records as eligible family pension beneficiary after her demise. Court disposed of the petition directing the competent authorities to consider her representation and send proposals within fixed time frames.
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W.P.(MD)No.8848 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 01.04.2025
CORAM
THE HONOURABLE MR.JUSTICE BATTU DEVANAND
W.P.(MD)No.8848 of 2025
Antonyammal
... Petitioner
Vs.
Chennai - 600018.
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7.The Sub Treasury Officer, Sankarankovil, Tenkasi District.
... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to include the name of petitioner's physically challenged son, Mr.Amala Suresh, aged about 45 years, in the pension records as an eligible beneficiary for the family pension after demise of petitioner, within the time frame fixed by this Court.
For Petitioner : Mr.S.Balamurugan For R1 : M/s.S.Mahalaksmi Standing Counsel For R2 to R7 : Mr.T.Amjad Khan Government Advocate
O R D E R
This writ petition has been filed seeking a direction to the respondents to
include the name of the petitioner's physically challenged son, Amala Suresh, in
the pension records as an eligible beneficiary for the family pension after demise of the petitioner, within a time frame fixed by this Court.
Head Master at Panchayat Union Elementary School died on 10.10.2019. After
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the petitioner's husband demise, the petitioner is getting family pension. The petitioner blessed with six children (4 daughters and 2 sons). Out of two sons, one son, namely, Amala Suresh, has been suffering with 80% physical disability since his birth. The case of the petitioner is that all their children are married and settled separately. Her son Amala Suresh also got married on 12.09.2010. But his wife deserted him in the year 2016 due to his disability after giving birth to two female children. Thereafter, both got divorced from the competent Court of law. The said Amala Suresh is wholly dependent on the petitioner and both are surviving with the family pension being received by the petitioner. It is the further contention of the petitioner that as a widow of the deceased Government Servant, she is receiving family pension. Considering her old age and dependency of her physically challenged son, she is ensuring to continue family pension to her son after her demise. Accordingly, she submitted a representation to the respondents on 31.12.2024 requesting to include her son's name in the pension records as an eligible beneficiary. But it was not considered. Against the inaction of the respondents in considering the same, the present writ petition is filed.
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7. Considering the submissions made by the respective learned counsels and it is an admitted fact that the petitioner is getting family pension after the demise of her husband, who worked as Head Master. One of her son by name, Amala Suresh is suffering with 80% disability. He is completely surviving with the support of the petitioner. The petitioner apprehends that after her demise there will be no source for her son for survival. Accordingly, by invoking Rule 49(6)(iii) of the Tamil Nadu Pension Rules, 1978, the petitioner submitted a representation to the respondents on 31.12.2024 with a request to include her son's name in the pension records as an eligible beneficiary. It is under consideration before the respondents.
8. Under these circumstances, in my considered view, it is appropriate
and reasonable to dispose of this writ petition with the following directions in the interest of justice.
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9. Accordingly, this writ petition is disposed of with the following
directions:
1. The sixth respondent shall consider the representation of the petitioner, dated 31.12.20254 in accordance with the relevant Rules and send proposals to the first respondent through the fourth respondent, if the petitioner's requests is permissible under the relevant Rules within a period of two weeks from the date of receipt of a copy of this order.
2. On receipt of the proposal from the sixth respondent, the first respondent shall take appropriate decision and inform the same to the petitioner within a period of six weeks thereafter.
3. It is made clear that if any further documents are required to consider the request of the petitioner to send proposal, the sixth respondent shall inform the same to the petitioner before passing any order on the representation, dated 31.12.2024.
No costs.
01.04.2025
NCC:yes/no Index:yes/no Internet:yes/no Sn
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To:
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W.P.(MD)No.8848 of 2025
BATTU DEVANAND, J.
Sn
W.P.(MD)No.8848 of 2025
01.04.2025
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2 issues framed by the court
Whether the petitioner's physically challenged son can be included in pension records as an eligible family pension beneficiary after her demise.
Whether the competent authority will process the petitioner's representation under Rule 49(6)(iii) of the Tamil Nadu Pension Rules, 1978.
2 provisions across 2 enactments
Antonyammal
The Principal Accountant General (A and E)
The Director of Treasuries and Accounts
The District Treasury Officer, Tenkasi District
The Chief Educational Officer, Tenkasi District
The Block Educational Officer, Melaneelidanallur
Battu Devanand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
