Chellammal v. Commissioner of Treasuries & Accounts, Chennai
2014-11-17
D.HARIPARANTHAMAN
body2014
DigiLaw.ai
Judgment : 1. The petitioner has filed this Original Application (W.P.No.6804 of 2007) for the following relief:- "In view of the facts stated in para 6 above, it is prayed that this Hon'ble Tribunal may be pleased to direct the respondent to pay to the applicant, the life-time arrears of pension payable to her husband from November, 1992 to November, 1994 and the commutation amount of Rs.8,285/- withheld by them, together with interest at 18% per annum and pass such further or other orders as this Hon'ble Tribunal may deem fit and proper and thus render justice." 2. The learned counsel for the second respondent would submit that the Accountant General has authorised family pension as requested by the petitioner and he has also produced written instructions to that effect. 3. The written instructions of the Accounts Officer (Legal Cell) is extracted hereunder:- "Smt. Chellammal wife of late G.Gurusamy filed the OA seeking Life Time arrears of pension in respect of her husband from 1.7.92 to 10.11.94 and revised commutation of Rs.8285/-. Sri. G. Gurusamy retired on 30.6.1992 and he was missing and an FIR was filed on 6.2.1994. Police Department gave a non-traceable certificate. As per the existing Pension Rules and Government Orders in respect of missing persons, normal family pension is payable after 2 years from the date of FIR and this Respondent settled her family pension accordingly. Smt. Chellammal filed O.S.No.409/2003 before District Munsif Court, Udumalpet and declaration of deemed death of Sri. G. Gurusamy was pronounced on 14.9.2004. Thereafter family pension at enhanced rate from 12.11.1992, arrears of pension (Life Time Arrears) from 1.7.92 to 11.11.1992 was authorised on 24.1.2006 by this Respondent. Further revised Commuted Value of Pension of Rs.8285/- was also authorised equally to Smt. Chellammal and to her two sons on 24.1.2006. Thus, the prayer of the petitioner has been met in the year 2006." 4. Recording the written instructions of the Accounts Officer (Legal Cell), the writ petition is closed. No costs.