SAMEENA YASMIN Vs. ACCOUNTANT GENERAL

JUDGEMENT

(1.) The petitioner is before this Court under Article 226 of the Constitution of India, praying for writ of mandamus directing the respondent to consider the request dated 10.07.2019 vide Annexure-L and grant pension from 2012 i.e., from the date of death of her father.

(2.) It is stated that the petitioner is the daughter of late Azmathulla.S, who was working as Ayurvedic Doctor at J.N.Kote Taluk, Chitradurga, who retired from service on attaining superannuation. The pension was sanctioned to petitioner's father vide Pension Payment Order No.145496/RPR. Further, it is stated that the mother of the petitioner died on 25.12.2004 and subsequently her father also died on 21.02.2012. The petitioner claims that she is mentally ill and disability certificate issued is produced at Annexure-A. It is further stated that the petitioner had approached the XV Additional City Civil & Sessions Judge, Bangalore City in P&SC.125/2014 to obtain Succession Certificate, which was allowed and Succession Certificate was issued.

(3.) Further, the case of the petitioner is that the petitioner was sanctioned pension by the respondent vide letter dated 24.04.2019 at Annexure-K. The said pension was sanctioned from 21.08.2018. The claim of the petitioner is that her father died on 21.02.2012 and as such she would be entitled for family pension from the date of her father's death. In that regard, it is stated that Annexure-L-representation dated 10.07.2019 is made to the respondent, which is acknowledged by the respondent on 10.07.2019 itself. The petitioner's grievance is that the said representation is not considered till this date for sanction of family pension from the date of death of her father i.e., in the year 2012.