T. Kalidasan vs The Accountant General
2023 Latest Caselaw 4309 Mad

                                                                               W.P.(MD).No.8681 of 2023

                        BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                     DATED: 17.04.2023

                                                         CORAM

                                  THE HONOURABLE MRS.JUSTICE S.SRIMATHY

                                              W.P.(MD)No. 8681 of 2023
                     T. Kalidasan                                    ...          Petitioner
                                                           Vs.

                     1.The Accountant General,
                       (Accounts & Entitlements),
                       Anna Salai,
                       Chennai – 600 018.

                     2. The Tahsildar,
                        Alangudi – 622 301,
                        Pudukkottai District.                            ...      Respondents

                     PRAYER: Writ Petition filed under Article 226 of the Constitution of
                     India for issuance of Writ of Mandamus, directing the 1st respondent to
                     disburse the family pension to the petitioner / Guardian of her mentally
                     challenged brother Thiru.T.Venkateswaran payable on the death of the
                     petitioners father namely C.Thangarajan, with effect from 22.03.2014
                     (i.e. the day following the date of death of C.Thangarajan) with interest
                     by considering the proceedings of the 2nd           respondent in R.C.No.
                     6069/2015/A4 dated .01.2023.


                                    For Petitioner       : M/s.R.Maheswaran
                                    For R-1              : M/s.S.Mahalakshmi

                                    For R-2             : Mr.T.Villavan Kothai,
                                                          Additional Government Pleader
https://www.mhc.tn.gov.in/judis



                     1/5
                                                                             W.P.(MD).No.8681 of 2023

                                                       ORDER

By consent of both parties, this writ petition is taken up for

final disposal at the stage of admission itself.

2. The writ petition has been filed for Writ of Mandamus,

directing the 1st respondent to disburse the family pension to the

petitioner, who is the Guardian of his mentally challenged brother

T.Venkateswaran payable on the death of the petitioner's father namely,

C.Thangarajan, with effect from 22.03.2014.

3. The petitioner is elder son of the deceased employee,

namely, C.Thangarajan. The deceased employee has left two sons and

five daughters, namely 1.Rajeswari 2.Muthulakshmi 3. Kaleeswari

4.T.Kalidasan/petitioner 5.Muthumari 6.Lakshmi Narayan and

7.T.Venkateswaran.

4. When the application was processed all the daughters were

married except Muthumari. Therefore, the 1st respondent objected to the

proposal stating that the Muthumari is eligible for family pension and

thereafter, the family pension can be disbursed to the said Muthumari

only. The legal heirs are entitled in the order of seniority, the elder legal

heir would be entitled first. In this principle of elder first, the said https://www.mhc.tn.gov.in/judis

W.P.(MD).No.8681 of 2023

Muthumari is entitled, then only the mentally challenged person would be

entitled for family pension.

5. When the writ petition was taken up for hearing, the

Learned Counsels appearing for parties submitted that now, the said

Muthumari is married and hence, she cannot claim the family pension of

the deceased employee. On such marriage of the said Muthumari, the

only legal impediment to grant family pension to the said mentally

challenged person, namely T.Venkateswaran is not there.

6. It is seen from the records that the 2nd respondent has

submitted a proposal to the 1st respondent, vide proceedings, dated

23.03.2023 in R.C.No. 6079 /2015/A4 to grant family pension to the

mentally challenged person, namely T.Venkateswaran, through the

guardian, namely, writ petitioner T.Kalidasan. The said Kalidasan was

appointed as guardian in G.W.O.P No.1 of 2016, vide Judgment, dated

16.03.2016.

7. Since there is no legal impediment to grant family

pension to the said T.Venkateswaran as on date. Therefore, the said

proposal of the 2nd respondent dated 23.03.2023 in R.C.No. https://www.mhc.tn.gov.in/judis 6079 /2015/A4 shall be accepted by the 1st respondent and grant the

W.P.(MD).No.8681 of 2023

family pension to the said mentally challenged person, namely

T.Venkateswaran, through the guardian, namely, writ petitioner

T.Kalidasan. The said exercise shall be completed within a period of 12

weeks from the date of receipt of a copy of the order. With these

directions and observations, this Writ Petition is allowed. No Costs.

                     Index : Yes / No                                          17.04.2023
                     Internet : Yes
                     ksa



                     To

                     The Tahsildar,
                     Alangudi – 622 301,
                     Pudukkottai District.




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




                                        W.P.(MD).No.8681 of 2023




                                          S.SRIMATHY, J

                                                           ksa




                                           Order made in
                                  W.P.(MD)No.8681 of 2023




                                                  17.04.2023




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