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Madras High CourtWP/1144/2011dismissed

U.Lakshmi, v. The Managing Director,

2023-09-26Honourable Mr Justice G.K. Ilanthiraiyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.09.2023

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.1144 of 2011 U.Lakshmi ... Petitioner Vs

1. The Managing Director, Chennai Metro Water Supply and Sewerage Board, No.1, Pumping Station Road, Chintadripet, Chennai - 600002.

2. The Industrial Relations Manager, Chennai Metro Water Supply and Sewerage Board, No.1, Pumping Station Road, Chintadripet, Chennai - 600002.

... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for records relating to the impugned order of the second respondent in his Lr.No.CMWSSB/P&A/LRS/17008/2010-10 dated 24.08.2010 and quash the same as highly illegal and violative of Articles 14 and 16 of the Constitution of India and consequentially direct the respondents to pay family pension and the arrears thereof to the petitioner on par with other employees of the Board.

For Petitioner in all W.Ps : Mr.K.S.Ilangovan for M/s.Achari and Antoni Associates For Respondents in all W.Ps : Mr.Jerry V.V.Sundar COMMON ORDER These Writ Petitions have been filed to quash the order of the second respondent in his Lr.No.CMWSSB/P&A/LRS/17008/2010-10 dated 24.08.2010 and consequentially direct the respondents to pay family pension and the arrears thereof to the petitioners on par with other employees of the Board.

2. Similarly placed person had challenged the similar order before this Court in W.P.No.26812 of 2010 and the same was dismissed by this Court by order dated 29.03.2011. Aggrieved by the same, a Writ Appeal in W.A.No.1607 of 2012 has been filed and the same was also dismissed with slight modification by the Hon'ble Division Bench of this Court, which reads as follows:-

"7. In such view of the matter, we are unable to interfere with the order of the learned single Judge and the writ appeal is dismissed, however, it is made clear that if the appellant is having any proof that any of the widow of a person, who retired or died prior to 30.04.1986 was given family pension, it is open to the appellant to approached the respondents for sanction of family pension. No costs."

3. The petitioners in all these Writ Petitions are seeking family pension in respect of the persons, who died prior to the issuance of G.O.Ms.No.546, Municipal Administration and Water Supply Department, dated 30.04.1986. That apart, the said G.O was also challenged before this Court in several Writ Petitions and the same were dismissed and the Governmental Order has been upheld by this Court. In fact, the Writ Appeals had been filed as against the dismissal of the Writ Petitions and the same were also dismissed by this Court. Therefore, this Court finds no merits in these Writ Petitions.

4. With the above observations, these Writ Petitions are dismissed. No costs.

26.09.2023 Index:Yes/No kv To

1. The Managing Director, Chennai Metro Water Supply and Sewerage Board, No.1, Pumping Station Road, Chintadripet, Chennai - 600002.

2. The Industrial Relations Manager, Chennai Metro Water Supply and Sewerage Board, No.1, Pumping Station Road, Chintadripet, Chennai - 600002.

G.K.ILANTHIRAIYAN, J.

kv 26.09.2023