Malathi v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :02.11.2018

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.31103 of 2015 M.P.No.1 of 2015

1. Malathi

2. M.Anitha .. Petitioners vs

1. The Managing Director, Tamil Nadu Housing Board, No.493, Anna Salai, Nandanam, Chennai - 600 035.

2. The Chief Account Officer, Tamil Nadu Housing Board, Chennai - 600 035.

.. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents herein to grant the entire family pension benefits with arrears with effect from 22.11.2004 and all other benefits that are due and payable by the respondent Board to the family of the deceased Board employee Tmt.M.Vasantha along with interest on the delayed payment to the petitioners herein.

For Petitioner : Mr.Priya Ravi & M.Sasi Kumar For Respondents : Mr.V.Anandamoorthy

O R D E R

The relief sought for in the present writ petition is for a direction to direct the respondents to grant the entire family pension benefits with arrears with effect from 22.11.2004 and all other benefits that are due and payable by the respondent Board to the family of the deceased Board employee Tmt.M.Vasantha along with interest on the delayed payment.

2. The learned counsel for the writ petitioner states that during the pendency of the writ petition, the father of the 1st petitioner Mr.T.Marimuthu also passed away. Thus, the petitioners are the legal heirs of the deceased enployee viz, Tmt.M.Vasantha and therefore, they are entitled to get all the pensionary and other benefits in this regard. They have submitted a representation on 14.07.2015 and the same is yet to be considered.

3. The learned counsel for the respondents states that the writ petitioners have to produce the legal heir certificate for the purpose of considering their case for grant of pensionary and other benefits.

4. Thus, without going into the merits of the case, the first respondent is directed to consider the representation submitted by the writ petitioner on 14.07.2015 and pass orders on merits and in accordance with law within a period of 12 weeks from the date of receipt of the copy of this order. The writ petitioner is directed to enclose the copy of the representation along with the legal heir certificate and other relevant documents with the order passed in this writ petition.

4. Accordingly, the present writ petition stands disposed of. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar pns

To

1. The Managing Director, Tamil Nadu Housing Board, No.493, Anna Salai, Nandanam, Chennai - 600 035.

2. The Chief Account Officer, Tamil Nadu Housing Board, Chennai - 600 035.

+ 1 CC to Mr.M.Ravi, Advocate SR NO 75787 + 1 CC to Mr.V.Anandhamurthy, Advocate SR NO 76351 W.P.No.31103 of 2015 vd[co] ssm/30.11.2018