K M ARUMUGAM Vs. PRINCIPAL ACCOUNTANT GENERAL

JUDGEMENT

(1.) THE petitioner has come forward with this writ petition seeking to issue a writ of Certiorarified Mandamus calling for the records in connection with the impugned rejection order passed by the first respondent in Lr.No.AG(A&E)/Legal Cell/W.P.666/2008/1715 dated 18.3.2008 and quash the same and direct the respondents to consider the claim of the petitioner to make entry in the pension book of the petitioner about the name of the petitioner's legally wedded wife Tmt.Gandhi as a nominee to receive family pension as per the pension rules.

(2.) THE case of the petitioner is that he is a retired selection Grade Sub Inspector of Police. THE petitioner was lastly working at Neyveli Township Police Station, Neyveli, Cuddalore District and he was allowed to retire from service on 30.04.1997 on attaining the age of superannuation. THE petitioner was married to one Jothi in the year 1965 and out of the lawful wedlock, four children were born to the petitioner. Due to sudden illness, the wife of the petitioner could not do any work as per the doctor's advice. As the first wife of the petitioner died on 31.10.1995, the petitioner married Smt.Gandhi on 08.12.1995 as per the Hindu Rites and Customary. Accordingly, the petitioner made representations to the Superintendent of Police on 22.11.1995, 05.07.2004, 21.3.2005 to make an entry in the pension proposal in the name of his wife as nominee to receive family pension after the life time of the petitioner. THE petitioner received a letter after a lapse of ten years from the Superintendent of Police, Cuddalore dated 25.05.2005 directing the petitioner to approach the Treasury Officer. THEreafter, the petitioner made a representation to the Assistant Treasury Officer, Tittagudi with a request to make an entry in the name of his wife Tmt.Gandhi to receive family pension after the life time of the petitioner. THE Assistant Treasury Officer replied in his letter dated 21.09.2005 that with regard to nomination of the pensioner nominee, the pension sanction authority is competent to make an entry about the nominee of the pensioner and for that, the District Police Officer has to send a recommendation to the Accountant General Office. Accordingly, the District Police officer, Cuddalore has issued a letter to the petitioner and asked him to submit relevant documents, so as to send to the Accountant General's Office to receive family pension. Accordingly, the petitioner submitted relevant documents, but there is no reply. THEn the petitioner approached the District Police Officer, Cuddalore,who, in turn, directed the petitioner to approach the pension sanction authority with regard to the claim made by the petitioner.

(3.) HEARD Mr.V.Vijayshankar, learned counsel for the fist respondent and Mrs.Lita Srinivasan, learned counsel for the second respondent for the second respondent.