Madras High Court
K.Salammal vs The State Of Tamil Nadu on 31 March, 2022
W.P.No.3624 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.03.2022
CORAM
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.P.No.3624 of 2022
K.Salammal ... Petitioner
Vs.
1.The State of Tamil Nadu,
represented by its Principal Secretary,
Highways Department,
Fort St.George,
Chennai – 600 009.
2.The Divisional Engineer,
Highways Department,
Krishnagiri,
Krishnagiri District.
3.Jamuna ... Respondents
PRAYER: This Writ Petition has been filed under Article 226 of the
Constitution of India praying for the issuance of a Writ of Mandamus,
directing the first respondent to consider the representation of the
petitioner dated 03.02.2022 in accordance with law by relaxing the
pension rules as far as the petitioner is concerned and on humane
consideration, the family pension benefit of deceased Kannan may be
granted in favour of the petitioner to secure the ends of justice.
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W.P.No.3624 of 2022
For Petitioner : Mr.R.Sankarasubbu
For R1 & R2 : Mr.M.Bindran,
Additional Government Pleader
ORDER
The relief sought for in the writ petition is for a Mandamus, to
direct the first respondent to consider the representation of the petitioner
dated 03.02.2022 in accordance with law by relaxing the pension rules as
far as the petitioner is concerned and on humane consideration, the family
pension benefit of deceased Kannan may be granted in favour of the
petitioner.
2.Brief facts of the case:
The petitioner got married to one Kannan, who was working in
Army and getting pension. After retiring from Army, he joined as Office
Assistant (OA) in the First Respondent Department. Due to natural cause
the said Kannan died on 06.03.2007 and entire service benefits were given
to the third respondent/wife of the deceased viz., Jamuna. Hence, the
petitioner to survive and maintain herself, she has filed a suit in
O.S.No.299 of 2013 for maintenance from the estate of deceased husband
viz., Kannan and the said suit was referred to Lok Adalat and before the
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W.P.No.3624 of 2022
Lok Adalat and both the parties were present before the Lok Adalat and
the defendant Jamuna also appeared and filed an affidavit that on
Sympathy and maintenance, the family pension in the first respondent
department may be given pension to the petitioner. On the above said
compromise, judgment and decree passed by Lok Adalat, by stating that
the plaintiff Salammal may got pension from the Highways Department as
it is a compromise decree before Lok Adalat and the said decree could be
implemented, but the same was not obeyed. Therefore, the petitioner has
submitted a representation to the first and second respondents on
03.02.2022 but the same has not been considered. Hence, the writ
petition.
3.The learned counsel appearing for the petitioner would submit
that there was a compromise arrived between the petitioner and the third
respondent to get pension from the first respondent department to
maintain the petitioner herself and to that extent the third respondent has
also filed an affidavit before the Lok Adalat, but the same has not been
complied with. But exemption to be obtained from first respondent
relaxing the rule. Further, as per the recommending letter in
Na.Ka.No.109/2021/A1, dated 29.07.2021 to relax the pension rules to be
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W.P.No.3624 of 2022
liberally considered and judgement and decree of Lok Adalat passed in
La.B.No.49/2007, dated 08.07.2017 to be obeyed by relaxing the rules.
The petitioner has also submitted her representation to first and second
respondent on 03.02.2022 but the same has not been considered. Further,
she would submit that the act of the first respondent not considering the
letter dated 29.07.2021 of the second respondent herein including the
representation of the petitioner dated 03.02.2022, is unjust and illegal.
4.The learned Additional Government Pleader appearing for the
respondents have filed a counter affidavit by stating that one C.Kannan,
who had worked as office Assistant in Highways and retired from service
on 30.04.2001 and later died on 06.03.2007. On perusal of the service
records related to the deceased, it was found that he married one
K.Salammal while the first marriage with D.Jamuna was in existence and
hence, as per Tamil Nadu Pension Rules the first wife/third respondent
herein is entitled to receive family pension. Further, based on mutual
agreement between K.Salammal and D.Jamuna, the Lok Adalat Court,
Krishnagiri, has passed an order dated 08.04.2017 in its proceedings
LA.B.No.49/2017 by stating that the petitioner is entitled to get family
pension from the Highways Department. Thereafter, a detailed proposal
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W.P.No.3624 of 2022
was sent to the office of Principle Accountant General and the same was
returned for want of relaxation in Tamil Nadu Pension rules as well as the
particulars in respect of military FR/A certificate from the Defence
authority. Further, along with due clarification from the parties, yet
another proposal for relaxing the rule was sent to the Director General,
Highways, Chennai, on 27.08.2021 and the same is pending for necessary
action. Further, it is stated that regarding the pension benefits the
petitioner has submitted an application through the Secretary, Highways
& Minor ports, Chennai and copy forwarded to Divisional Engineer (H) C
& M, Krishnagiri and after receiving instruction from the Government
further action will be taken. Further, the learned Additional Government
Pleader has stated that it will take four months time to consider the
petitioner's pension proposal and to take final decision by the
Government.
5.Heard the learned counsel on either side and perused the
materials placed on record.
6.In view of the above facts and circumstances of the case and
the submissions made by the learned Additional Government Pleader, this
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W.P.No.3624 of 2022
D.KRISHNAKUMAR, J.
Dua
Court is inclined to direct the first respondent to consider the petitioner's
pension proposal and to take appropriate decision in accordance with law
as expeditiously as possible preferably within a period of four months
from the date of receipt of a copy of this order and final decision shall be
communicated to the petitioner.
7.With the above direction, this Writ Petition stands disposed of.
No costs.
31.03.2022
Dua
Internet:Yes
To
1.The Principal Secretary,
State of Tamil Nadu,
Highways Department,
Fort St.George, Chennai – 600 009.
2.The Divisional Engineer,
Highways Department,
Krishnagiri, Krishnagiri District.
W.P.No.3624 of 2022
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