Muthulakshmi vs The Principal Accountant General on 17 April, 2017

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Madras High Court

Muthulakshmi vs The Principal Accountant General on 17 April, 2017

Bench: S.S.Sundar

        

 

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT               

DATED: 17.04.2017  

CORAM   

THE HONOURABLE MR.JUSTICE S.S.SUNDAR           

W.P.(MD).No.6862 of 2017  


Muthulakshmi                                                            ..Petitioner


                                     Vs.


The Principal Accountant General,
Accountant General Office,
No.361, Anna Salai, Chennai.                           .. Respondent


PRAYER: Writ petition filed under Article 226 of the Constitution of India,
to issue a Writ of Mandamus, directing the respondent to sanction the pension
to the petitioner's husband Selvarajan in accordance with Rule 43 Sub Rule
2(A) of Tamil Nadu Pension Rules 1978 by considering the representation,
dated 31.01.2017.


!For Petitioner      : Mr.K.Baalasundharam

For Respondent      : Mr.P.Gunasekaran, 
                                                Standing Counsel for
                                                  Accountant General.



:ORDER

This Writ petition has been filed by the petitioner for issuance of a Writ of Mandamus, directing the respondent to sanction the pension to the petitioner's husband Selvarajan in accordance with Rule 43 Sub Rule 2(A) of Tamil Nadu Pension Rules 1978 by considering the representation, dated 31.01.2017.

2. Heard the learned counsel appearing for the petitioner and the learned Standing Counsel for Accountant General appearing for the respondent.

3. Mr.P.Gunasekaran, learned Standing Counsel for Accountant General, takes notice for the respondent. By consent, the Writ petition itself is taken up for final disposal.

4. Though the Writ petition is for issuing a positive direction, the learned counsel for the petitioner submit that the petitioner will be satisfied if a direction is issued to the respondents to consider the representation of the petitioner, dated 31.01.2017, within a stipulated time fixed by this Court.

5. Having regard to the limited scope of the prayer now sought by the learned counsel for the petitioner before this Court, without expressing any opinion on the merits of the petitioner's case, this Court is inclined to issue the following direction:-

?The respondent is directed to consider the representation of the petitioner, dated 31.01.2017, and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. The petitioner is also directed to submit a fresh copy of his representation, dated 31.01.2017 along with a copy of the order of this Court within a period of two weeks from the date of receipt of a copy of this order.?

6. Accordingly, the Writ petition is disposed of. No costs.

To The Principal Accountant General, Accountant General Office, No.361, Anna Salai, Chennai..

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