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Madras High CourtWP/28686/2010closed

K.Ravichandran, v. The Branch Manager,

2024-09-24Honourable Mr.Justice Mummineni Sudheer Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.09.2024 CORAM :

THE HONOURABLE MR. JUSTICE MUMMINENI SUDHEER KUMAR W.P.No.28686 of 2010 K.Ravichandran ... Petitioner Vs.

1.The Branch manager, (Gratuity and Super Annuation) P&GS Department, LIC Buildings, 102, Anna Salai, Chennai 600 002.

2.Southern Petrochemicals Corporation Ltd., 97, Mount Road, SPIC Centre, Chennai - 32.

...Respondents

*R2 impleaded as per order dated 01.07.2011 in M.P.No.1 of 2011 PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus calling for all the records pertaining to impugned Superannuation scheme (Officers and Executives) which was stated in the status report submitted by LIC of India in ADALAT Case No.416/B/2007 dated 9th March 2007, quash the same as illegal, Arbitrary, against the principles of Natural Justice and unconstitutional and consequently direct the respondent to settle gratuity, Page No.1 of 4

Superannuation (Pension), and other welfare benefits as per Workman Compensation Act 1923 Sec 14(1) to the petitioner. For Petitioner : No appearance.

For R1 : Mr.S.S.Swaminthan For R2 : Mr.L.Balamurali for Mr.Shivakumar & Suresh

ORDER

This writ petition has been filed by the petitioner as party in person. 2.

When the matter is taken up for consideration today, it is brought to the notice of this Court by the learned counsel appearing for the 2nd respondent that the petitioner is no more and the petitioner passed away in the year 2013.

3.

The learned counsel appearing for the 1st respondent submitted that the petitioner has submitted Life Certificate so as to pay the amounts payable to the petitioner lastly in the year 2013. He further submitted that even if the petitioner is no more also, the legal representatives are entitled for payment of lump sum amount, but according to the learned counsel for the 1st respondent, none of the legal representatives of the petitioner claimed the said Page No.2 of 4

amounts. He also submitted that in case, if any such amounts are claimed by the legal representatives of the deceased petitioner, the said amounts would be paid to them by verifying their identity.

4.

In the light of the above, in the absence of the petitioner and also in the absence of the legal representatives of the deceased petitioner being on record, this Court cannot proceed further in this matter. 5.

Accordingly, the writ petition is closed leaving it open to the legal representatives seeking re-opening the matter by filing appropriate application, if they are so advised. Consequently, connected miscellaneous petitions, if any shall closed.

24.09.2024 Index :

Yes/No Speaking Order :

Yes/No dpa Page No.3 of 4

MUMMINENI SUDHEER KUMAR,J.

dpa To 1.The Branch manager, (Gratuity and Super Annuation) P&GS Department, LIC Buildings, 102, Anna Salai, Chennai 600 002.

2.Southern Petrochemicals Corporation Ltd., 97, Mount Road, SPIC Centre, Chennai - 32.

W.P.No.28686 of 2010 24.09.2024 Page No.4 of 4