S.JEEVALAKSHMI Vs. PRINCIPAL ACCOUNTANT GENERAL (A&E)

JUDGEMENT

(1.) This writ petition is filed challenging the proceedings of the second and third respondents, in and by which, the family pension granted to the petitioner was cancelled.

(2.) .The petitioner is an unmarried woman. She is the daughter of a Freedom Fighter, viz., Late S.T.Sivasamy. He was granted with Freedom Fighter's Family Pension. Her mother was working as a School Assistant in the Municipal Primary School, Pudukottai and after her mother's death on 15/8/1979, the father was receiving the family pension, in addition to the Freedom Fighter's Pension and he passed away on 4/4/2001. Subsequently the petitioner being the legal heir, was granted with Freedom Fighter's Pension. However after his death, the family pension of her mother's employment was not drawn by the petitioner or by her siblings. While so, the Government of Tamil Nadu vide government order in G.O(Ms)No.327, Finance (Pension) Department dtd. 30/8/2001 and G.O(Ms)No.325 Finance (Pension) Department dtd. 28/11/2001 ordered for family pension to the unmarried daughters above 25 years on condition that their income should not exceed Rs.2,550.00month and it was subsequently enhanced to Rs.7,850.00 per months vide G.O(Ms)No.337 Finance (Pension) Department dtd. 14/11/2017.

(3.) .While so, the petitioner made application for family pension and she was granted with family pension vide proceedings dtd. 4/12/2017 by the first respondent. However the second respondent vide proceedings dtd. 27/12/2018 directed the third respondent to cancel the sanction of family pension that the petitioner is not eligible for drawing family pension since she is already in receipt of Freedom Fighter's Pension and the third respondent vide impugned proceedings dtd. 3/4/2018 returned the PPO for cancelation. Unfortunately, this order was passed without even issuing notice to the petitioner.