P.Vasantha, v. General Manager,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.09.2017

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.17484 of 2016 in W.M.P.No.14940 of 2016 P.Vasantha ... Petitioner Vs 1.General Manager, Indian Overseas Bank, Annasalai,Chennai.

2.The Regional Manager, Indian Overseas Bank, No.2, Contonment, Trichy.

3.The Branch Manager, Indian Overseas Bank, Nachalur, Kulithalai Taluk, Karur District.

... Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents herein to consider the representation of the petitioner dated 04.09.2014 and pay the family pension in respect of the deceased, Pakkirisamy (Roll No.2961) within a time frame.

For Petitioner : Mr.M.T.Arunan For Respondents : Mr.S.Rajeni Rama Dass

O R D E R

The relief sought for in this writ petition is for a direction to the respondents to consider the representation submitted by the writ petitioner on 04.09.2014, in relation to the grant of Family Pension.

2. The learned counsel appearing for the writ petitioner made a submission that the husband of the writ petitioner was working in Indian Overseas Bank and nominated the writ petitioner in the service records, so as to receive the terminal and retirement benefits. The husband of the writ petitioner passed away on 5.12.1998, while he was in service. The learned counsel also states that part benefit of https://hcservices.ecourts.gov.in/hcservices/

Rs.4,40,068/- was disbursed and the family pension due to the writ petitioner has not been paid. With regard to the claim of Family Pension, there was a counter claim and a suit was filed. In this regard, the Sub Court, Kulithalai passed an order holding that the writ petitioner is the legally wedded wife of the deceased employee. Accordingly, the writ petitioner has submitted a representation to the respondents on 04.09.2014 and the same is yet to be considered. 3.Thus, without going into the merits of the case, the first respondent is directed to consider the representation submitted by the writ petitioner on 4.9.2014 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. 4.Accordingly, the writ petition stands disposed of. Consequently W.M.P.No.14940 of 2016 is closed. However, no order as to costs.

-s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar ms/ss To 1.The General Manager, Indian Overseas Bank, Annasalai, Chennai.

2.The Regional Manager, Indian Overseas Bank, No.2, Contonment, Trichy.

3. The Branch Manager, Indian Overseas Bank, Nachalur, Kulithalai Taluk, Karur District.

+1 CC to Mr.M.T. Arunan, Advocate sr 65140.

W.P.No.17484 of 2016 GP(CO) sp(05/10/2017) https://hcservices.ecourts.gov.in/hcservices/