I K KANNIAPPAN Vs. SECRETARY TO GOVERNMENT FINANCE PENSION DEPARTMENT GOVERNMENT OF TAMIL NADU CHENNAI

JUDGEMENT

(1.) HEARD Ms. V. Pushpa learned counsel appearing for the petitioner and Mr. S.V. Duraisolaimalai learned Additional Government Pleader appearing for the respondents.

(2.) THE petitioner challenges an order passed by the 2nd respondent in R.C. No: 20517/2005/A1 dated 11.02.2008 in and by which the petitioner's claim for re-fixation of the pensionary benefits of his father was rejected and seeks to quash the same and for a consequential direction to the respondents to sanction life time arrears of a sum of Rs.1,64,741.50 together with interest as applicable in law.

(3.) THE application submitted by the petitioner were returned by the 2nd respondent for the reasons that, "in the G.O. No: 579, Finance (Pension) Department dated 15.09.2006, the Government have issued order to refix the pension and family pension of the Government employees who retired / died while in service between 01.06.1960 to 31.05.1988. Since the petitioner retired on 30.06.1953, the question of revision of arrears does not arise". According to the petitioner, the word 'Employees' and 'while in service' is not found anywhere in the said original G.O. the said G.O. was issued purely for pensioners / family pensioners, life time arrears to legal heirs only and hence, the said G.O. squarely applies to his case. THE said G.O. does not deal with any employees but deals with the pensioners and hence, the question of returning petitioner's application stating that his father did not die while in service does not arise. THErefore, petitioner submitted a clarification to the return of his application and again re-submitted the application along with other enclosures to support his case. Inspite of repeated representations and clarifications, the respondents failed to pay the life time pension arrears to the legal heir of the deceased Government employee and, therefore, petitioner was constrained to issue a legal notice on 08.01.2008 and the same was received by them. THE 2nd respondent issued a reply in R.C. No: 20517/2005/A1 dated 11.02.2008, being the impugned order, stating that the, "Late. I. Kanagasabapathi Naicker, holder of P.P.O. No: A 38364 died on 17.06.1980 and his wife had predeceased him, his pension cannot be refixed with effect from 01.06.1988 (on which date the pensioner / family pension was no more). Hence, the question of sanction of life time arrears as per G.O. 579 to Thiru.I.K. Kanniappan, Son of Late. I.Kanagasabapathi Naicker / P.P.O. A38364 did not arise. THE original application along with the enclosures are returned herein". THErefore, the petitioner has challenged the said order as the same is against law and also in violation of G.O. No: 579 dated 15.09.2006. Petitioner also challenged the impugned order on the ground that the petitioner is entitled to arrears as the legal heir of the deceased Government Employee and the respondents failed to consider the Government order in its right perspective and has acted against the established procedure of law and hence, this writ petition.