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Madras High CourtWP/6587/2010disposed of

A.Ethiraj v. State Of Tamilnadu

2017-12-06Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.12.2017

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.6587 of 2010 A.Ethiraj ... Petitioner -vs1.State of Tamil Nadu rep.by Secretary, Finance Department, Fort St.George,Chennai.

2. The Commissioner, Melmalayanoor Panchayat, Gingee Taluk,Villupuram District.

3. The Head Master, Panchayat Union Primary School, Paruthipuram, Melmalayanoor, Gingee Taluk, Villupuram District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents to pay Tamil Nadu Government Servants' Family Security Fund Scheme/Group Insurance Scheme enhanced amount of Rs.1,50,000 as per G.O.Ms.No.132 dated 21.2.2006 with interest. For Petitioner :: Mr.K.M.Ramesh for Mr.K.Vasudevan For Respondents :: Mrs.K.Bhuvaneswari Government Advocate

O R D E R

The relief sought for in this writ petition is for a direction to directing the respondents to pay Tamil Nadu Government Servants' Family Security Fund Scheme/Group Insurance Scheme enhanced amount of Rs.1,50,000 as per G.O.Ms.No.132 dated 21.2.2006 with interest.

2.The learned counsel appearing for the writ petitioner states that the wife of the writ petitioner Late Smt.E.Manammal, was employed as Sanitary Worker in the third respondent School and passed away. The deceased employee was working on consolidated pay which is a non pensionable service. However, the deceased employee is entitled to avail the benefit of group insurance scheme amount.

3.The learned counsel appearing for the writ petitioner states that the scheme amount was enhanced to Rs.1,50,000/- by the Government in G.O.Ms.No.132, dated 21.2.2006. However, the amount as applicable to the legal heirs of the deceased employee has not been settled. In this regard, the writ petitioner send a representation to the respondents on 06.01.2010 and the same has not been considered.

4. Thus, without going in to the merits of the matter, the second respondent is directed to consider the representation submitted by the writ petitioner on 06.01.2010 and pass orders on merits and in accordance with law, with in period of 12 weeks from the date of receipt of a copy of this order. The writ petitioner is directed to enclose the copy of the representation and the relevant documents along with the order passed in this writ petition.

5.Accordingly, the writ petition stands disposed of. However, there is no order as to costs.

Sd/- Assistant Registrar(CS IX ) //True copy// Sub Assistant Registrar kyl To

1. The Secretary, State of Tamil Nadu Finance Department, Fort St.George,Chennai.

2. The Commissioner, Melmalayanoor Panchayat, Gingee Taluk,Villupuram District.

3. The Head Master, Panchayat Union Primary School, Paruthipuram, Melmalayanoor, Gingee Taluk, Villupuram District.

+1cc to Mr.K.Vasudevan, Advocate SR.No.86619 +1cc to Mr.K.Bhuvaneshwar, Advocate SR.No.86995 +1cc to Government Pleader SR.No.87391 W.P.No.6587 of 2010 VGI(CO) GN(22/01/2018)