V KRISHNAMURTHY Vs. TAMIL NADU ELECTRICITY BOARD

JUDGEMENT

(1.) WRIT Petition filed under Article 226 of the Constitution of India for the issuance of a WRIT of Certiorarified Mandamus calling for the records of the order of the 2nd respondent in Letter No.1724/BOAB/F.8/F.81/D.33, dated 17.04.2002 and letter No.1493/BOAB/F.8/F.81/D.33, dated 25.03.2003, quash the same and consequently direct the respondents to revise the pension/family pension of the petitioner's wife Late S.V.Vijayal. The petitioner seeks to challenge the communication of the second respondent dated 17.04.2002 and 25.03.2003 and while praying for the quashing of the above communications, also seeks a direction to the respondents to revise the pension/family pension of the petitioner.

(2.) THE petitioner retired as Selection Grade Accounts Assistant from the service of the first respondent on 31.08.1996 and he is in receipt of pension. THE petitioner's wife one Tmt.S.V.Vijayal was also employed in the first respondent Board as a Selection Grade Accounts Supervisor. She left her service under Voluntary Retirement Scheme on 01.05.1991 and died on 28.05.1997. After the death of the petitioner's wife, the petitioner was in receipt of family pension apart from the pension paid to him for the service rendered by him.

(3.) THE petitioner made a claim on the above basis and sought for payment of arrears in his representation dated 18.01.2000 to the second respondent. THE second respondent in his reply dated 09.05.2000, rejected the claim of the petitioner by stating that the petitioner's wife was not eligible for selection grade scale of pay ordered in B.P.(FB).No.106 dated 03.11.1994, since the petitioner's wife went on VRS on 30.04.1991 itself. THE subsequent representation of the petitioner dated 07.07.2000 and 13.07.2000 was also rejected by the impugned communications dated 17.04.2002 and 25.03.2003. THE writ petition has now been filed challenging the above proceedings.