A. JASINTHA Vs. RINCIPAL ACCOUNTANT GENERAL

JUDGEMENT

(1.) The prayer in the Writ Petition is as follows: This Writ Petition has been filed for issuance of a Writ of Certiorarified Mandamus, to quash the impugned Order passed by the Second Respondent in his proceedings in Pen23/1/Pt.10100/23-24, dtd. 20/6/2023 and to direct the Respondents to grant Family Pension to the Petitioner arising out of the State Government Civil service of Petitioner's deceased father Late Adaikalasamy.

(2.) Prelude: The concern about the position of deserted women in India has neither been adequate nor satisfactory. The Government of Tamil Nadu, vide G.O.Ms. No.325 of Department of Finance (Pension), dtd. 28/11/2011, has introduced a Pension Scheme for the unmarried/divorced/widowed daughters of Government Employees. The said G.O. is a measure of Social security targeted on women who are considered as destitutes. An unmarried/ divorced/widowed daughter of a Government Employee is considered a destitute, if she is without any regular income with less than a Monthly Income of Rs.2,550..00 The instant case is the case of a daughter seeking Family Pension arising out of State Government Civil service of the Petitioner's deceased father late Adaikalasamy.

(3.) The factual matrix of the case: The Petitioner's Father late Adaikalasamy worked as PG Assistant till his Superannuation on 30/6/1993. Till his date of death on 8/5/2019, he was sanctioned with Civil Pension for his service as BT Assistant. After his demise, his wife late Mary was sanctioned with Family Pension and she was receiving the same till her death on 6/4/2020. After the demise of Mrs. Mary, the Petitioner being the deserted daughter of late Adaikalasamy applied for the Family Pension vide her proposal, which was forwarded to the Second Respondent by the Fourth Respondent. In response to her proposal, the Second Respondent passed the impugned Order addressed to the fourth Respondent vide Proceedings, dtd. 20/6/2023 rejecting the Petitioner's claim for Family Pension on the ground that as per G.O.Ms. No.325, dtd. 28/11/2011 only unmarried/divorced/widowed daughters are eligible to receive Family Pension. The Petitioner since being a deserted daughter, she is not eligible for Family Pension. Challenging the same, this Writ Petition came to be filed.