Vasantha v. The Director Of Collegiate

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.06.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.14973 of 2017 Vasantha Wife of late Chinnaiyan ..

Petitioner -vs1. The Director of Collegiate Education DPI Campus, College Road Chennai 600 006

2. The Principal Mannai Rajagopala Swamy Government Arts College Mannargudi Thiruvarur District ..

Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents to consider the representation dated 25.01.2008 of the petitioner in the light of the proceedings of the first respondent in Oo.Mu.No.13863/B2/2015 dated 31.08.2015 for disbursement of terminal benefits payable on the death of the petitioner's husband on 13.11.2005.

For Petitioner :: Mr.P.Ganesan For Respondents :: Mr.P.Sanjay Gandhi Additional Government Pleader

ORDER

The petitioner's husband, having joined as Herbarium Assistant in the second respondent College on 1.9.71, had completed 19 years of service, it is pleaded. However, on 19.4.91, the petitioner's husband met with a major accident and sustained severe head injuries, which led to mental disorder, as a result he was unable to continue his service. Finally he died on 13.11.2005. Therefore the petitioner sent a representation with a request to disburse his terminal benefits on 25.2.2014, for which there was no reply. Hence she was constrained to send one more representation on 13.8.2014. Thereafter, the Principal of Mannai Rajagopala Swamy Government Arts College,

the second respondent herein, in his proceedings bearing Na.Ka.No.1186/A/2012 dated 30.3.2015 sought for some clarification for payment of terminal benefits from the first respondent and the first respondent also, in his proceedings bearing Oo.Mu.No.13863/B2/2015 dated 31.8.2015, directed the second respondent to consider and decide the matter. But till date, the second respondent has not passed any final order. Hence the petitioner is before this Court.

2. Mr.P.Sanjay Gandhi, learned Additional Government Pleader, taking notice on behalf of the respondents, sought for sufficient time to consider the petitioner's representation.

3. Recording his statement, keeping in mind that the issue relates to payment of family pension to the petitioner, whose husband passed away on account of the head injuries sustained in an accident on 19.4.91, this Court hereby directs the second respondent to proceed further and pass appropriate orders, in the light of the proceedings issued by the first respondent dated 31.8.2015, within a period of two weeks from the date of receipt of a copy of this order. The writ petition stands disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar ss To

1. The Director of Collegiate Education DPI Campus, College Road Chennai 600 006

2. The Principal Mannai Rajagopala Swamy Government Arts College Mannargudi Thiruvarur District

+1 cc to M/s.P.Ganesan Advocate sr 42172 +1 cc to the Government Pleader sr 42834 W.P.No.14973 of 2017 kj(co) aa29/06/2017