IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mummineni Sudheer Kumar, J
Sundaram – Appellant
Versus
The Internal Audit Officer Tamilnadu Generation and Distribution Corporation Limited Audit Branch – Respondent
| Table of Content |
|---|
| 1. petition for family pension under article 226 (Para 1) |
| 2. claims of marital status and timelines for consideration (Para 4 , 5) |
| 3. court's directive for timely justice (Para 7) |
THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR Sundaram ... Petitioner -vs-
1.The Internal Audit Officer Tamilnadu Generation and Distribution Corporation Limited Audit Branch, NPKRR Maaligai
1st Floor, No.144, Anna Salai Chennai-2
2.The Superintendent Engineer (SE)
Tirunelveli Electricity Distribution Circle Tirunelveli-11 ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents to grant family pension due to death of the petitioner's husband Krishnan, who was a pensioner as per the PPO No.73553 of the first respondent, based on considering the last petitioner's representation dated 24.02.2025, within the time limit that may be fixed by this Court For Petitioner : Mr.V.Muthuvelan For Respondents : Mr.B.Ramanathan Standing Counsel
O R D E R
Mr.B.Ramanathan, learned Standing Counsel, takes notice for the respondent – Corporation.
2. With the consent of both sides, this writ petition is disposed of at the admission stage.
3. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondent – Corporation.
4. The petitioner claims to be the first wife of one Krishnan, who served as Lineman in the respondent – Corporation and retired from service and he was drawing pension. However, the said Krishnan passed away on 12.12.2022 and therefore, the petitioner made a claim for payment of family pension to her. But, the same was not considered by the respondents, on the ground that her name is mentioned as “Sundari” in the service register of the said Krishnan instead of “Sundaram” and that there is a rival claim by one Mrs.Mallika.
5. Learned counsel for the petitioner further contended that the petitioner has obtained a Legal Heir Certificate, wherein the name of the petitioner herein alone is shown as the wife of Late.Krishnan and the name of the said Mallika is not shown in the said Legal Heir Certificate. Thus, he contends that the respondents are unnecessarily delaying the release of family pension in favour of the petitioner without there being any justifiable cause.
6. Learned Standing Counsel appearing for the respondent –
Corporation also submits that the petitioner has submitted a Legal Heir Certificate, wherein the name of the petitioner is shown as the wife of Late.Krishnan and the name of the said Mallika is not shown in the Legal Heir Certificate and the case of the petitioner would be considered in accordance with the rules applicable.
7. In the light of the above submission, without going into the merits of the matter, this writ petition is disposed of directing the respondents to consider the representation dated 24.02.2025 submitted by the petitioner for release of family pension to her consequent upon the death of her husband Krishnan, who was drawing pension vide PPO No.73553 and pass appropriate orders thereon, as expeditiously as possible, at any rate, within a period of six weeks from the date of receipt of a copy of this order. The petitioner is granted liberty to submit any additional documents, if she intends to do so, within a period of two weeks from the date of receipt of a copy of this order. No costs.
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