Madras High CourtWP/16754/2011disposed of

Mrs.Kumari, v. The Security Commissioner,

2017-12-04Honourable Mr Justice S.M. Subramaniam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04-12-2017

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.16754 of 2011 Mrs.Kumari ..

Petitioner -vsThe Security Commissioner, Railway Protection Force, NGO Annexe 5th Floor, Chennai-600 003.

Respondent Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondent to dispose the representation made by the petitioner on 18.4.2011.

For Petitioner - Mr.R.Ravichandran For Respondents - No Appearance

ORDER

The relief sought for in this writ petition is for a direction to direct the respondent to consider the representation submitted by the writ petitioner on 18.4.2011.

2. The learned counsel, appearing on behalf of the writ petitioner, states that the writ petitioner is the legally wedded wife of late Shri R.Rajasekaran, H.C.7300168 and the deceased employee neglected the writ petitioner, while he was in service. However, the writ petitioner was receiving maintenance in M.C. No.22 of 1981. While-so, suddenly, the husband of the writ petitioner passed away. Thereafter, she made a representation to the respondent on 18.4.2011, claiming the family pension.

3. The learned counsel for the writ petitioner states that her representation has not been properly acknowledged by the respondent nor any order has been passed in this regard. Further, it is represented that to the knowledge of the writ petitioner, there is no counter claim and therefore, the respondent ought to have considered the application for grant of family pension.

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4. Under these circumstances, without going into the merits of the case, the respondent is directed to consider the representation submitted by the writ petitioner on 18.4.2011 and pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. The writ petitioner is directed to enclose the copy of the representation and further representation, if any, the same also may be submitted along with the order passed in this writ petition.

5. Accordingly, the writ petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar(CS IX) //True copy// Sub Assistant Registrar Svn To The Security Commissioner, Railway Protection Force, NGO Annexe 5th Floor, Chennai-600 003.

+1cc to Mr.K.Kannan, Advocate SR.No.85755 WP 16754 of 2011 RR(CO) GN(19/12/2017) https://hcservices.ecourts.gov.in/hcservices/