AYYALU Vs. DIRECTOR,LOCAL FUND AND AUDIT DEPARTMENT

JUDGEMENT

(1.) This writ petition has been filed praying for a Writ of mandamus directing the first and fourth respondents to disburse retirement benefits and also family pension from 14.03.1996 to 10.02.2005 to the petitioner and legal heirs of the deceased Smt. Mariyammal.

(2.) The petitioner would aver among other things that his mother, namely, Mariyammal, joined as sweeper in the fourth respondent Panchayat on 01.06.1963. From 01.06.1963 to 14.03.1996, around 35 years, the petitioner mother had worked as sweeper in the fourth respondent Panchayat. On 14.03.1996, the petitioner's mother voluntarily retired and subsequently, she died on 10.02.2005 leaving behind her legal heirs. However, the petitioner alleges that the respondents has not disbursed the retirement benefits and monthly pension due to his mother. Hence, this writ petition has been filed for the relief stated supra.

(3.) The first respondent has filed a detailed counter affidavit wherein it is stated that the said Mariyammal joined as sweeper at Kariappatti Panchayat on 01.06.1963, which was later upgraded as a Town Panchayat from 01.10.1977 and she was absorbed in the time scale of pay only from 01.10.1977. As per F.R.56(3)(d)(1) and also as per G.O.No.412, P&AR Dept dated 03.12.1996, an employee who has completed 50 years of age (or) who has completed 20 years of qualifying service (pension counting service) are eligible to apply for voluntary retirement. The petitioner mother, Mrs.Marriammal's date of birth is 01.07.1946 and the date of her application for voluntary retirement is 14.03.1996. At the time of her retirement, her age was 49 years, eight months and 14 days and therefore, she had not completed 50 years of age. The administrative authorities had not processed the voluntary retirement application as per Rules. As the petitioner's mother voluntary retirement was not as per the F.R.56(3)(d)(1), the pension proposal was rejected for want of government ratification. In other words, the administrative authorities allowed her to retire without following the rules and therefore, ratification was necessary to sanction pension to the deceased/Mariammal.