Madras High Court
V.Usharani vs The Superintending Engineer on 23 September, 2024
Author: N. Anand Venkatesh
Bench: N. Anand Venkatesh
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :23.09.2024
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
W.P.No.24104 of 2024
V.Usharani ... Petitioner
Vs.
The Superintending Engineer,TANGEDCO,
Mettur Workshop Circle,
Mettur Dam – 636 401
Salem District. ... Respondent
Prayer : Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Certiorarified Mandamus to call for the records relating to
the impugned rejection letter in Ka.No.2981/221/Me.Po/Me Pa Ma
Va/Nibi/oo.2/Ko.Thani/2023 dated 18.11.2023 on the file of the respondent and
quash the same and direct the respondent to sanction the ex-gratia family
pension to the petitioner based on the G.O.Ms.No.325 Finance (Pension)
Department dated 28.11.2011 and FB TANGEDCO proceedings No.51 dated
06.09.2012.
For Petitioner : Mr.V.Elangovan
For Respondents : Mr.K.Rajkumar
Standing counsel
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ORDER
The subject matter of challenge in the present writ petition pertains
to the impugned rejection letter dated 18.11.2023 of the respondent and for a
consequential direction to the respondent to sanction family pension to the
petitioner based on GO MS.No.325 dated 28.11.2011 and the TANGEDCO
proceedings No.51 dated 06.09.2012.
2. The case of the petitioner is that her father was working as a
foreman Grade I in the electricity Department. He retired from service in the
year 1992. Pension was also sanctioned and he was receiving the pension
during his life time. The father of the petitioner also made an application to the
Internal Audit Officer, Pension, to appoint the petitioner as his nominee in the
year 2019. This is in view of the fact that the petitioner falls under the category
of a deserted women and she was taken care by her father. It is stated that the
Internal Audit Officer sent a reply dated 24.10.2019 informing that the petitioner
has been admitted as a nominee.
3. The petitioner's mother died on 28.07.2019 and her father died on
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11.12.2020. The petitioner made an application on 08.11.2023 enclosing all the
relevant documents and requested for payment of family pension. The request
made by the petitioner was rejected through the impugned letter dated
18.11.2023 and the same has been made a subject matter of challenge in the
present writ petition.
4. When the matter came up on 19.08.2024, this Court directed the
learned Standing counsel appearing for the respondent to take instructions and
report before this Court. Accordingly, the case was posted for hearing today.
5. The learned Standing counsel appearing on behalf of respondent
submitted that the petitioner is expected to submit the following documents to
the respondent in order to consider the claim made by the petitioner. For proper
appreciation, the documents sought for by the respondent are extracted
hereunder :-
1/ j';fspd; je;ij (fh/br) K.tp!;tehjd; mth;fs; Xa;t{jpak; bgw;wjw;fhd
Xa;t{jpa cj;jut[ efy; mDg;gg;gl ntz;Lk;.
2/ j';fspd; je;ij (fh/br) K.tp!;tehjd; mth;fspd; t';fp fzf;F g[j;jf efy;
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mDg;gg;gl ntz;Lk;/
3/ jh';fs; fztuhy; iftplg;gl;lth; (Divorced) vd;gjw;fhd ePjpkd;w tpthfuj;J
Mid efy; mDg;gg;gl ntz;Lk;/
4/ jh';fs; ve;j xU muR kw;Wk; jdpahh; epWtdj;jpnyh gzpahw;wtpy;iy vd;w
ntiyapy;yh rhd;W (Non Employment Certificate) tl;lhl;rpah;
mth;fsplkpUe;Jk; bgw;W mDg;gg;gl ntz;Lk;/
5/ j';fSf;F FLk;g Xa;t{jpak; tH';f ,ju thhpRjhuh;fsplkpUe;J Ml;nrgid
,y;iybad cWjp bkhHp fojk; UP 80 U:gha;f;F Fiwahky; Kj;jpiujhspy;
mDg;gg;gl ntz;Lk;/
6. The learned counsel for petitioner submitted that the petitioner is
having all the relevant documents as sought for by the respondent. The learned
counsel submitted that in the impugned rejection order dated 18.11.2023, the
respondent has stated as if the petitioner is already receiving some pension and
therefore, the family pension cannot be granted in favour of the petitioner. The
learned counsel submitted that this observation was made by the respondent
without even seeking for a clarification from the petitioner and that the
petitioner is wholly dependent upon the family pension under the category of
deserted women. In fact, the petitioner has also obtained the non employment
certificate from the Tahsildar in this regard.
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7. In the light of the above submissions and in the light of the specific
stand taken by the petitioner, the impugned letter dated 18.11.2023 issued by the
respondent is hereby quashed. There shall be a direction to the petitioner to
submit the above five documents that have been called for by the respondent
within a period of two weeks from the date of receipt of a copy of this order. The
respondent on receipt of the same, shall process the claim made by the petitioner
for family pension and pass appropriate orders within a period of four weeks
thereafter.
8. In the result, this writ petition is allowed with the above directions.
No costs.
23.09.2024
Internet : Yes
Index : Yes
Speaking Order / Non Speaking Order
rka
Note : Issue order copy on 25.09.2024
N. ANAND VENKATESH, J.
rka To 5/6 https://www.mhc.tn.gov.in/judis The Superintending Engineer,TANGEDCO, Mettur Workshop Circle, Mettur Dam – 636 401 Salem District.
W.P.No.24104 of 202423.09.2024 6/6 https://www.mhc.tn.gov.in/judis