A SADIK BASHA Vs. GOVERNMENT OF TAMILNADU; COMMISSIONER OF TREASURIES AND ACCOUNTS; DISTRICT TREASURY OFFICER

JUDGEMENT

(1.) The petitioner filed O.A.No.5689 of 2002. On abolition of the Tribunal, the matter stood transferred to this Court and re-numbered as W.P.No.7527 of 2007.

(2.) The father of the petitioner was working as Senior Grade Office Assistant in the Office of the Sub-Treasury, Wallajah, Vellore District. He died on 06.06.1979 while he was in service. The mother of the petitioner pre-deceased his father. The father of the petitioner contracted a second marriage. There was a dispute for settlement of family pension and other terminal benefits. A suit was filed in O.S.No.1137 of 1981 on the file of the District Munsif Court, Vellore. The matter was finally decided by the said Court on 31.08.1983. As per the Court order, the petitioner got 50% of the family pension due to him from 07.06.1979 to 16.03.1993 i.e., the date on which he attained 25 years. The second wife Tmt.Noorjahan, was paid 50% of Family Pension upto 16.03.1993 and paid full family pension from 17.03.1993 onwards. The second wife did not claim compassionate appointment.

(3.) While so, the petitioner applied for appointment on compassionate grounds during 1993. The second respondent vide Memo No.68081/93/C3, dated 10.09.1993 forwarded the application of the petitioner to the third respondent for necessary action.