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2012 DIGILAW 2512 (MAD)

G. Vijayarani v. Tamil Development Director, Tamil Development Department

2012-06-19

M.VENUGOPAL

body2012
Judgment :- 1. The petitioner has projected this writ of mandamus praying for issuance of an order by this Court in directing the second respondent to dispose of his representation dated 29.11.2004 within the period to be specified by this Court. 2. According to the petitioner, her father K.G. Raju was a renowned Tamil Scholar and was known to his dedication towards the growth of Tamil language. He expired on 11.10.1985 leaving behind him his wife Jayamma and the writ petitioner (daughter). 3. After the demise of the petitioner's father K.G. Raju, her mother Jayammal, as a dependant of her father, received a sum of Rs.400/-as pension per month. Later, the same was increased to Rs.500/-per month, which was received by her. For the period from 1.4.1997, pension was not paid to her mother. Therefore, her mother approached the concerned Authority for payment of arrears, but it proved in vain. After many representations to the first respondent/Tamil Development Director, Tamil Development Department, Egmore, Chennai, the arrears of pension was calculated and the said amount was promised to be paid. However, the said amount of arrears was not paid to her mother till her death on 26.6.2003. 4. The main plea of the petitioner is that she is the only legal heir to claim the arrears of pension and when she approached the first respondent to claim the arrears, she was directed to obtain a Legal Heir Certificate and in spite of the fact that she enclosed the Legal Heir Certificate together with the letter dated 18.3.2004 claiming the arrears of pension, the first respondent had not settled the claim of the petitioner. Also she sent a representation dated 29.11.2004. Therefore, the arrears of pension for the period from 1.4.1997 to 26.6.2003 is due to be paid to her. 5. It appears that the petitioner has issued a lawyer's notice dated 29.11.2004 to the respondents claiming arrears of pension due to her mother for the period from 1.4.1997 to 26.6.2003 @ Rs.500/- per month. Also in the said lawyer's notice, it was mentioned that the petitioner is a divorcee and the delay in payment of arrears of pension would cause hardship to her. Also in the said lawyer's notice, it was mentioned that the petitioner is a divorcee and the delay in payment of arrears of pension would cause hardship to her. As a matter of fact, the petitioner, through lawyer's notice dated 29.11.2004, had called upon the respondents to settle the arrears of pension due to her mother G. Jayammal for the period from 1.4.1997 to 26.6.2003 within fifteen days from the date of receipt of the said notice. It appears that the said lawyer's notice had not met with any positive response from the respondents. 6. A perusal of G.O.(Ms) No.10 Tamil Development-Culture Department dated 9.1.1992 refers to the financial assistance to each of the 6 indigent Tamil scholars as detailed in the annexure to the order @ Rs.400/-per month with effect from 1.4.1991 to 31.3.1994. In the Annexure, the petitioner's mother's name G. Jayammal is shown as Serial No.3. Therefore, it is clear that the petitioner's mother is one of the beneficiaries for availing/claiming financial assistance. 7. In view of the fact that the petitioner's limited prayer is only to dispose of the representation dated 29.11.2004 by the second respondent, this Court, on the basis of Fair play, good conscience and even as an equitable relief, directs the second respondent to dispose of the representation filed by the petitioner dated 29.11.2004, (if not already disposed of), within a period of four weeks from the date of receipt of a copy of this order. Accordingly, the writ petition is disposed of. However, there shall be no order as to costs.