The court emphasized the entitlement of the petitioner to the settlement of terminal benefits, including family pension, and the obligation of the respondents to furnish required documents and pay interest on delayed payments.

1. The petitioners husband wasemployed in a post called Follower in TSP II Battalion, Avadi from 1967 onwards. He was medically invalidated from service on 12.05.1979. Subsequently, he expired on 18.08.1990. His service was posthumously regularised with retrospective effect from 01.10.1967, pursuant to government order in G.O.Ms.No.1742, Home (POL XV) Department dated 22.10.1992, regularising the services of all Followers.

2. In view of his services having been regularised, he should have been paid pension from 12.05.1979 to 18.08.1990 and thereafter family pension to the petitioner. Neither pension to the petitioners husband nor family pension to the petitioner was paid. No other terminal benefits were settled.

3. This forced the petitioner to file O.A.No.4364 of 2000 (W.P.No.44262 of 2006), praying for directions to respondents to settle all terminal benefits including family pension with all arrears.

4. Respondents 1 to 3 have not filed any counter affidavit. 4th respondent has also not filed counter affidavit. However, a written instruction of Senior Accounts Officer / Legal Cell of 4th respondent, is placed before me.

5. After filing of the Original Application, by an order dated 13.11.2000, the 4th respondent sanctioned minimum family pension of Rs.375/- from 19.08.1990 to 31.12.1995 and thereafter the revised minimum family pension of Rs.1,275 /- from 01.01.1996.

6. According to the learned counsel for the 4th respondent, the requisite documents for sanction of pension, DCRG and other benefits, i.e., documents such as Medical Invalidation Certificate, certified duplicate copy of Service Book, Pay and Leave details, a copy of G.O.Ms.No.1742, Home (POL XV) Department dated 22.10.1992, etc., were not furnished. Hence the office of the 4th respondent required those documents and those documents are yet to be furnished. The written instruction of 4th respondent, which is placed before me, is extracted hereunder.

Sri Kesavan Nair served as follower under the administrative control of the Commander TSP II Battalion, Avadi and retired on invalidation on 12.5.79 and subsequently expired on 18.08.1990. The Government of Tamil Nadu by G.O.Ms.No.1742, dated 22.10.1992 has directed that the services of the followers as mentioned in Annexure II be regularised with retrospective effect from 1.10.67 for the purpose of sanction of pensionary benefits. Accordingly, family pension proposal in favour of Smt. Malathi Amma was forwarded by the department in September 2000 to this Respondent, i.e. after the filing of the OA.

Though important particulars/documents such as Medical Invalidation Certificate, certified duplicate copy of Service Book, pay and leave details, a copy of G.O.Ms.No.1742 dated 22.10.92 in its entirety were not received, with a view to mitigating the hardship of the petitioner, monthly family pension of Rs.375/-from 19.8.1990 and Rs.1275/- from 1.1.96 was authorised by this Respondent on 30.11.2000 under PPO No.OAC 23528/POL.

The requisite additional details were called for from the department on 27.11.2000. Only on receipt of the details/documents as referred supra, the eligibility for the payment of pension for the period from 13.5.70 to 18.8.90 and gratuity could be determined.

It is therefore prayed that this Honble Court may pass such orders as may be deemed fit taking into account the above factual position"

7. The petitioner is now 70 years old. She lost her husband 20 years back. Even her husbands service was regularised after his death. Though he died in 1990, his service from 1967 was regularised only in 1992, in view of G.O.Ms.No.1742, Home (POL XV) Department dated 22.10.1992. Therefore, pursuant to G.O.Ms.No.1742, Home (POL XV) Department dated 22.10.1992, the respondents 1 to 3 ought to have immediately sent proposals for sanction of pension, DCRG and other terminal benefits from 13.05.1979 and 18.08.1990. The respondents 1 to 3 ought to have sent proposals for family pension, since the Gover