R.Mallika v. The Director Of Town Panchayat
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.06.2015
CORAM
THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN W.P.No.18208 of 2015 R.Mallika ... Petitioner Vs.
1. The Director of Town Panchayat, Kuralagam, Chennai-600 108.
2. The District Collector, Kanchipuram District, Kanchipuram.
3. The Executive Officer, Utharamerur Town Panchayat, Utharamerur, Kanchipuram District.
4. The Accountant General, O/o.The Accountant General, Anna Salai, Teynampet, Chennai-600 018.
... Respondents Prayer : Writ Petition has been filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus directing the respondents to disburse the death cum service benefits, pension and other attendant benefits to the petitioner in view of the death of her husband Thiru V.Rangan, who died in harness on 28.09.2006 by considering her representation dated 13.04.2015.
For Petitioner :
Mr.N.Manokaran For Respondents :
Mr.S.Gunasekaran, Government Advocate
ORDER
The husband of the petitioner was a Bill Collector in the Town Panchayat at Thiruneermalai. He worked from 04.07.1969 onwards. While he was in service in the third respondent Town Panchayat, he died on 28.09.2006.
2. The grievance of the petitioner is that the terminal benefits payable to the petitioner is not yet settled so far, though nine years have been elapsed, after the death of her husband.
She enclosed various proceedings of the Higher Authorities directing the third respondent to send proposal. However, so far, the terminal benefits are not settled. Hence, the petitioner has filed this petition seeking to disburse the terminal benefits and other attendant benefits.
3. If the averments of the petitioner are true, there is no reason for not settling the terminal benefits. The first respondent is directed to look into the matter and see that the terminal benefits are settled to the petitioner, if there is no legal impediment. If the terminal benefits are settled belatedly, it is made clear that the petitioner is also entitled to interest in view of the decision of the Division Bench of this Court in the case of GOVERNMENT OF TAMIL NADU, REPRESENTED BY THE SECRETARY TO GOVERNMENT VS. M.DEIVASIGAMANI [2009 (3) MLJ page 1]. The first respondent is directed to look into the issue relating to settlement of terminal benefits to the petitioner, within a period of six weeks from the date of receipt of a copy of this order and pass appropriate orders thereon.
4. This writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar Jrl To
1. The Director of Town Panchayat, Kuralagam, Chennai-600 108.
2. The District Collector, Kanchipuram District, Kanchipuram.
3. The Executive Officer, Utharamerur Town Panchayat, Utharamerur, Kanchipuram District.
4. The Accountant General, O/o.The Accountant General, Anna Salai, Teynampet, Chennai-600 018.
+1cc to Mr.N.Manoharan, Advocate, S.R.No.31415 +1cc to the Government Pleader, S.R.No.31283 W.P.No.18208 of 2015 MSM(CO) CA(06/07/2015)