Madras High Court
M.Venkatesh vs The Principal Accountant General A& E ... on 29 April, 2024
WP(MD) No.4676 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 29.04.2024
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA
W.P.(MD)No.4676 of 2024
M.Venkatesh .. Petitioner
Vs.
1.The Principal Accountant General A& E Tamilnadu,
No.361, Anna Salai,
Chennai- 600 018.
2.The Block Educational Officer,
O/o.The Block Educational Office,
Ambasamudram Taluk,
Tirunelveli District- 627 401.
3.The Chairman,
Medical Board,
Tirunelveli Government Medical College Hospital,
Tirunelveli- 627 011. .. Respondents
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https://www.mhc.tn.gov.in/judis
WP(MD) No.4676 of 2024
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of Writ of of Certiorarified Mandamus, calling for
the records of the impugned orders in proceedings bearing Pen
16/II/PPT/10477/23-24 dated 11.12.2023 on the file of the 1st
respondent and proceedings bearing Oo.Moo.No.197/A3/2023 dated
26.12.2023 on the file of the 2nd respondent and quash the same and
direct the 1st respondent to accord sanction of the family pension to the
petitioner with effect from 27.07.2020 and further direct the 3rd
respondent to clarify or issue fresh medical certificate on the severity of
Schizophernia being suffered by the petitioner and pursue the family
pension for the petitioner.
For Petitioner : Mr.S.Loganathan
For Respondents : Mr.P.Gunasekaran
Standing Counsel for R1
Mr.T.Amjdakhan
Government Advocate for R2 &
R3
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https://www.mhc.tn.gov.in/judis
WP(MD) No.4676 of 2024
ORDER
This writ petition has been filed for issuance of Writ of Certiorarified Mandamus, to quash the proceedings of the 1st respondent in Pen 16/II/PPT/10477/23-24 dated 11.12.2023 and the proceedings of the 2nd respondent in Oo.Moo.No.197/A3/2023 dated 26.12.2023 and for consequential direction to the 1st respondent to accord sanction of the family pension to the petitioner with effect from 27.07.2020 and further direct the 3rd respondent to clarify or issue fresh medical certificate on the severity of Schizophernia being suffered by the petitioner and pursue the family pension for the petitioner.
2. Heard Mr.S.Loganathan, learned counsel appearing for the petitioner, Mr.P.Gunasekaran, learned Standing counsel appearing for the first respondent and Mr.T.Amjdakhan, learned Government Advocate appearing for the respondents 2 & 3. Page No.3/10 https://www.mhc.tn.gov.in/judis WP(MD) No.4676 of 2024
3. The petitioner applied for the family pension consequent to the death of his mother Velammal, who was working as Headmistress in Panchayat Union Primary School, Singampatti. The claim of the petitioner was rejected through an order issued by the second respondent on 26.12.2023. The reason for rejection is as per the medical certificate produced before the authority, the petitioner was suffering with Schizophernia and not Chronic Schizophernia.
4. It is learnt from the guidelines and the clarificatory notice issued by the Government in Letter No.51279/Fin(Pension)/2015-1 dated 22.09.2015 that the person suffering from Chronic or Chronic Severe Schizophernia is entitled to get family pension. For the sake convenience the said Government letter dated 22.09.2015 is extracted below:
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4. Mr.S.Loganathan, learned counsel for the petitioner submitted that the petitioner is suffering from Severe Schizophernia at least for 35 years and hence in all possibilities the Schizophernia suffered by him all these years is chronic, but the respondents did not consider his case and rejected the same.
5. The respondents can come to the conclusion only on the basis of the medical certificate produced by the petitioner since the medical board/third respondent is not stated about the chronic nature of the Schizophernia in the medical certificate and he simply stated that the petitioner has Schizophernia. Hence, the first respondent has rejected the claim of the petitioner.
6. However the petitioner can appear before the third respondent/Medical Board once again within a period of three weeks from the date of receipt of a copy of this order and on his appearance, Page No.7/10 https://www.mhc.tn.gov.in/judis WP(MD) No.4676 of 2024 the third respondent shall consider the severity condition of the petitioner in an elaborate manner and issue certificate afresh as early as possible. So it is open to the petitioner to approach the authorities concerned with a fresh medical certificate obtained by him through the third respondent/Medical Board and make his claim.
7. With the above direction, this writ petition is disposed of. No Costs.
29.04.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No PJL To
1.The Principal Accountant General A& E Tamilnadu, No.361, Anna Salai, Chennai- 600 018.
2.The Block Educational Officer, O/o.The Block Educational Office, Ambasamudram Taluk, Page No.8/10 https://www.mhc.tn.gov.in/judis WP(MD) No.4676 of 2024 Tirunelveli District- 627 401.
3.The Chairman, Medical Board, Tirunelveli Government Medical College Hospital, Tirunelveli- 627 011.Page No.9/10
https://www.mhc.tn.gov.in/judis WP(MD) No.4676 of 2024 R.N.MANJULA, J.
PJL W.P.(MD)No.4676 of 2024 29.04.2024 Page No.10/10 https://www.mhc.tn.gov.in/judis