S.Jayanthi v. The Director/Commissioner Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.05.2015

CORAM

THE HON'BLE MR.JUSTICE R.MAHADEVAN Writ Petition No. 15031 of 2015 and M.P.No.1 of 2015 S.Jayanthi ..Petitioner -Vs1.The Director/Commissioner of Rural Development and Panchayats, Jeenis Road, Panagal Building, Saidapet, Chennai 15.

2.The District Collector, Vellore District, Vellore.

3.Keelapallipattu Panchayat, Rep. by the President, Keelapallipattu Panchayat, Vellore Taluk and District.

..Respondent Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus to settle all the pensionary benefits with 18% interest per annum on the death of the petitioner's husband including the compassionate appointment. For petitioner : Ms.M.Srividhya For respondents 1 and 2 : Mr.M.S.Ramesh, AGP

ORDER

By consent, the Writ Petition itself is taken up for final disposal.

2. According to the petitioner, she is a legally wedded wife of the deceased A.Sundaramoorthy. The deceased A.Sundaramoorthy was employed as Part Time Panchayat Clerk in Konavattam Panchayat. He already filed a Writ Petition seeking promotion to the post of Junior Assistant, but subsequently, due to ill-health, he passed away on 28.12.2014. Even after five months, the respondents did not settle any of the benefit including the monthly pension to the petitioner. Therefore, the petitioner submitted a representation dated 29.04.2015 to the first respondent. Inspite of the said representation dated 29.04.2015, the respondents have not come forward to settle the pensionary benefits and also have not considered the claim of the petitioner for compassionate appointment. Hence, the petitioner has filed the present Writ Petition.

3. Ms.M.Srividhya, learned counsel appearing for the petitioner would submit that inspite of the representation submitted by the petitioner to the first respondent as early as on 29.04.2015, the

respondents have not chosen to respond and hence, prays for appropriate orders.

4.Mr.M.S.Ramesh, learned Additional Government Pleader appearing for the first and second respondents would submit that necessary and appropriate direction may be issued to the respondents to pass orders as expeditiously as possible.

5. This Court taking into consideration of the fact that claiming death-cum-other benefits of the petitioner's husband along with interest and also claiming compassionate appointment, the petitioner has submitted her representation dated 29.04.2015 to the first respondent, but, till date, the respondents have not chosen to take any step either to dispose of the representation of the petitioner dated 29.04.2015 or to settle pensionary benefits, without going into the merits of the contention put forward by the learned counsel appearing for the petitioner, is inclined to dispose of the Writ Petition, by directing the respondents to consider the representation of the petitioner dated 29.04.2015 and pass appropriate orders, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order and thereafter, communicate the

R.MAHADEVAN,J cla decision taken to the petitioner. The Writ Petition is disposed of accordingly. There is no order as to costs. Consequently, connected miscellaneous petition is closed.

Cla 21.05.2015 Index: Yes/No Internet:Yes/no To 1.The Director/Commissioner of Rural Development and Panchayats, Jeenis Road, Panagal Building, Saidapet, Chennai 15.

2.The District Collector, Vellore District, Vellore.

3.The President, Keelapallipattu Panchayat, Vellore Taluk and District.

W.P.No.15031 of 2015