RUKUMANI BALASINGH Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) This Writ Petition has been filed seeking for issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned order dtd. 31/12/2018 in PEN8/1/PT.9806/2018-19/83240 of the second respondent to quash the same as arbitrary illegal and violative of Articles 14 and 19 of the Constitution of India and consequently direct the second respondent to immediately sanction Family Pension to the petitioner from the date of her husband's death on 25/6/1981 with all consequential benefits.

(2.) The case of the petitioner is that the petitioner is a widow of late Dr.R.Balasingh, who was employed as a Medical officer in the Government Primary Health Centre at Valparai. He expired on 25/6/1981 due to illness while he was in Government service. As a widow of late Government servant, the petitioner applied for family pension, but the same was rejected by the second respondent by stating that her deceased husband had rendered Government service only for a period of 8 months and as such, she was not entitled to family pension under the Rules. According to the respondents, the Rules mandate maximum one year towards consideration for payment of family pension to Government servant. The said rejection order is the subject matter of challenge in the present Writ Petition.

(3.) The learned counsel for the petitioner would submit that decision of the authority on the stated ground cannot stand test of scrutiny since under Rules, it is permissible for payment before rendering continuity of service for one year. In support of his contention, the learned counsel would draw the attention of this Court to the decision rendered by the learned Single Judge in WP.No.12437 of 2007 dtd. 3/12/2014 in the case of Radha Bai and other Vs. The State of Tamil Nadu, rep. by its Secretary, Health and Family Welfare Department, Chennai-9 and another, wherein, it has been held in Paragraph nos.6 to 10 which are extracted hereunder: