Citation : 2024 Latest Caselaw 15532 Mad
Judgement Date : 9 August, 2024
W.P.(MD).No.19208 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.08.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No.19208 of 2024
and
W.M.P(MD) No.16263 of 2024
D.Packiam ... Petitioner
Vs.
1. The Senior Accounts Officer,
(Legal Section)
Central Pension Accounting Office,
Government of India,
Trikoot – 2,
Bhikaji Cama Place,
New Delhi.- 110066.
2. The Pay and Accounts Officer-III,
Chief Pay and Accounts Office,
Andaman and Nicober Island Administration,
Port Blair – 744 101.
3. The Executive Engineer,
Road Construction Division,
APWD, Wimberly Gunj – 744 206,
South Andaman,
Andaman and Nicobar Islands.
4. Santhy ... Respondents
1/6
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.19208 of 2024
PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, directing the respondents 1
to 3 to sanction the family pension in favour of the petitioner on the basis of
civil Court decree in O.S.No.57/2021 on the file of District Munsif,
Manamadurai within the time stipulated by this Court.
For Petitioner : Mr.C.Jeganathan
For R1 to R3 : Mr.K.Govindarajan
Deputy Solicitor General of India
ORDER
The present Writ Petition has been filed seeking to disburse the family
pension benefits of the writ petitioner on the basis of Civil Court decree in
O.S.No.57 of 2021, dated 30.04.2024, on the file of District Munsif Court,
Manamadurai.
2. A perusal of the above said decree reveals that the petitioner along
with other plaintiffs and two defendants have been declared as the legal heirs
of the deceased David, who was working in the third respondent office.
3. The petitioner herein has addressed a representation to the third
https://www.mhc.tn.gov.in/judis
respondent on 15.05.2024, seeking disbursal of the family pension along with
legal heir certificate. The third respondent has addressed a communication to
the writ petitioner to send a certified copy of the decree.
4. The learned counsel appearing for the petitioner submits that as per
the request made by the third respondent, he has already submitted the
certified copy of the judgment of the District Munsif Court, Manamadurai.
5. Considering the above said facts, the respondents 1 to 3 are directed
to consider the request of the writ petitioner and pass appropriate orders
within a period of four weeks from the date of receipt of a copy of this order.
6. With the above said observation, this Writ Petition stands disposed
of. There shall be no order as to costs. Consequently connected
Miscellaneous Petition stands closed.
09.08.2024
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
ebsi
https://www.mhc.tn.gov.in/judis
To
1. The Senior Accounts Officer, (Legal Section) Central Pension Accounting Office, Government of India, Trikoot – 2, Bhikaji Cama Place, New Delhi.- 110066.
2. The Pay and Accounts Officer-III, Chief Pay and Accounts Office, Andaman and Nicober Island Administration, Port Blair – 744 101.
3. The Executive Engineer, Road Construction Division, APDWD, Wimberly Gunj – 744 206, South Andaman, Andaman and Nicobar Islands.
https://www.mhc.tn.gov.in/judis
R.VIJAYAKUMAR,J.
ebsi
09.08.2024
https://www.mhc.tn.gov.in/judis
https://www.mhc.tn.gov.in/judis
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