C.Krithiga v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.04.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU C.Krithiga ... Petitioner -vs1.The Secretary to Government Transport Department Government of Tamil Nadu Fort St.George, Chennai 600 009.

2.The Transport Commissioner Ezhilagam, Chepauk, Chennai 600 005.

3.The Regional Transport Officer Chennai Central, Ayanavaram Chennai 600 023.

4.Principal Accountant General A&E, Tamil Nadu, 361, Anna Salai Chennai 600 018.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the respondents to consider the representation dated 01.02.2022 by providing an opportunity of hearing to the Petitioner herein, wherein the Petitioner sought release of her father's retirement and pensionary benefits.

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For Petitioner : Mr.S.Surendran For Respondents : Mr.Karthik Jegannath Government Advocate (For R1 to R3) Mrs.Hema Muralikrishnan (For R4)

O R D E R

Heard Mr. S.Surendran, Learned Counsel appearing for the Petitioner and Mr.Karthik Jegannath, Learned Government Advocate appearing for the First to Third Respondents and Mrs. Hema Muralikrishnan, Learned Counsel for the Fourth Respondent and perused the materials placed on record, apart from the pleadings of the parties.

2.

The grievance ventilated by the Petitioner is that she had made a representation dated 01.02.2022 to the Third Respondent to release the retirement and pensionary benefits of her father, viz., M.C.Chelladurai, but as it did not evoke any response, she has filed this Writ Petition. 3.

Having regard to the limited scope of the relief sought in the Writ Petition, this Court without expressing any view on the merits of controversy involved, passes the following order:- 2/5

(i) the concerned authority shall immediately examine the representation dated 01.02.2022 made by the Petitioner including ascertaining as to whether the Petitioner would be entitled for the relief claimed; (ii) if it is found that any other details or supporting documents is necessary, the deficiencies in that regard shall be informed in writing to the Petitioner requiring the same to be furnished within a time frame of not less than 15 days for the same;

(iii) in the event of not being satisfied with the requirements even thereafter, an enquiry shall be conducted affording full opportunity of personal hearing to the Petitioner and all other persons concerned to explain their position in that regard;

(iv) a reasoned order shall be passed dealing with each of the contentions raised on merits and in accordance with law and the decision taken communicated by 31.08.2023 under written acknowledgment; (v) if the Petitioner is found entitled to any monetary benefits, the same shall be paid along with working-sheet showing its calculation within a period of three months from the date of passing of that order; and (vi) the report of such compliance shall be filed before the Registrar (Judicial) of this Court.

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In the result, the Writ Petition is disposed on the aforesaid terms. No costs.

26.04.2023 kst Index: Yes/No Note: Issue order copy by 06.06.2023.

To 1.The Secretary to Government Transport Department Government of Tamil Nadu Fort St.George, Chennai 600 009.

2.The Transport Commissioner Ezhilagam, Chepauk, Chennai 600 005.

3.The Regional Transport Officer Chennai Central, Ayanavaram Chennai 600 023.

4.Principal Accountant General A&E, Tamil Nadu, 361, Anna Salai Chennai 600 018.

Copy to The Registrar (Judicial), Madras High Court, Chennai - 600 104.

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P.D. AUDIKESAVALU, J.

kst 26.04.2023 5/5