P.Subramani v. The Secretary To Govenrment,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.01.2024 CORAM :

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN P.Subramani

...Petitioner in W.P.No.1095 of 2024

G.Bharathi

...Petitioner in W.P.No.1096 of 2024

-Vs1. The Secretary to Government, Transport Department, Fort St., George, Chennai-600 002.

2. The Managing Director, Chennai Metropolitan Transport Corporation, Pallavan House, Chennai- 600 002.

3. The Officer incharge Pension Payment Incharge, Chennai Metropolitan Transport Corporation, Pallavan House, Chennai-600 002.

...Respondents in both W.P.s'

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Prayer in W.P.No.1095 of 2024: Writ Petitions filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 1st respondent to consider the petitioner's representation dated 22.12.2022 and 30.10.2023 and to act upon the G.O.(3D).No.17 dated 16.11.2022 by relaxation of Rule 43(2) of TamilNadu Pension Rules 1978 and consequently directing the Respondents to sanction the pensionary benefits to the petitioner.

Prayer in W.P.No.1096 of 2024: Writ Petitions filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 1st respondent to consider the petitioner's representation dated 22.12.2022 and 05.01.2023 and to act upon the G.O.(3D).No.17 dated 16.11.2022 by relaxation of Rule 43(2) of TamilNadu Pension Rules 1978 and consequently directing the Respondents to sanction the pensionary benefits to the petitioner's husband to the petitioner. 2/6

For petitioners in both W.P.s' : Mr.R.Balaguru Swamy For respondent 1 (in both W.P.s') : Mr.A.M.Ayyadurai Government Advocate For Respondents 2 & 3 : Mr.R.Balaji, (in both W.P.s') Standing Counsel

ORDER

These writ petitions have been filed for direction directing the 1st respondent to consider the petitioners' representations dated 22.12.2022, 05.01.2023 and 30.10.2023 to sanction the pensionary benefits to the petitioners.

2. Without going into the merits of the main writ petition, the 1st respondent is directed to consider the representations of the petitioners dated 22.12.2022, 05.01.2023 and 30.10.2023 in the light of the G.O.(3D).No.17 dated 16.11.2022 and pass orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of copy of this order.

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3. With the above direction, these writ petitions are disposed of. No order as to costs.

19.01.2024 Index : Yes/No Internet: Yes/No gvn 4/6

To

1. The Secretary to Government, Transport Department, Fort St., George, Chennai-600 002.

2. The Managing Director, Chennai Metropolitan Transport Corporation, Pallavan House, Chennai- 600 002.

3. The Officer incharge Pension Payment Incharge, Chennai Metropolitan Transport Corporation, Pallavan House, Chennai-600 002.

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G.K.ILANTHIRAIYAN,J.

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