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Madras High CourtWP/9588/2021disposed of

S.Indira v. The Managing Director

2023-12-21Honourable Ms Justice R.N.Manjula4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.12.2023

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.No.9588 of 2021 S.Indira ... Petitioner Vs.

1.The Managing Director, Tamil Nadu Government Transport Corporation, Kanchipuram, Vizhupuram Division.

2.S.Jamuna ... Respondents PRAYER: This Writ Petition has been filed to issue a Writ of Mandamus to direct the first respondent to dispose the petitioner's representation dated 18.08.2020.

For Petitioner : Ms.M.Selvamani for Ms.S.Sridevi For Respondents : Mr.Aswin for R1

ORDER

The petitioner has filed this Writ Petition to issue a Writ of Mandamus to direct the first respondent to dispose the petitioner's representation dated 18.08.2020.

Page No.1 of 4

2. Heard Ms.M.Selvamani, learned counsel for the petitioner and Mr.Aswin, learned counsel for the first respondent.

3. The petitioner claims herself to be a wife of late D.Selvaraj who was working as Driver Selection Grade in the first respondent Corporation. The petitioner submitted that she was married to the deceased D.Selvaraj on 11.05.1991. However, she was not aware of the fact that the marriage of D.Selvaraj with the second respondent was in force. Without any wayout, the petitioner continued to live with D.Selvaraj and they have two children. D.Selvaraj attained Superannuation of 31.03.2013 and he died on 29.04.2020. While he was alive, he was maintaining both the petitioner and the second respondent. After the death of D.Selvaraj, the second respondent was given with family pension.

4. The petitioner's grievance is that he is suffering without any income with a minor unmarried daughter and mentally retarded son. Hence, she has sent a representation to the first respondent to consider the above situation and grant family pension to her and her children. Page No.2 of 4

5. The petitioner has given a representation to the first respondent on 18.08.2020. Whatever may be the petitioner's situation, the order for family pension can be passed only if the petitioner and her children are entitled to. However, the first respondent shall dispose the representation of the petitioner by considering the same in the light of the rules and legal position in this regard.

6. In the result, this Writ Petition is disposed and the first respondent is directed to dispose the representation of the petitioner by considering the same in the light of the rules and legal position in this regard and furnish the copy of the order to the petitioner within a period of six weeks from the date of receipt of a copy of this order. No costs. 21.12.2023 Index : Yes Internet : Yes/No gsk Page No.3 of 4

R.N.MANJULA , J.

gsk To The Managing Director, Tamil Nadu Government Transport Corporation, Kanchipuram, Vizhupuram Division.

W.P.No.9588 of 2021 21.12.2023 Page No.4 of 4