← Library
Madras High CourtWP/13469/2021disposed of

M.Karpagam v. The Government Of Tamil Nadu

2021-06-30Honourable Mr Justice S.S. Sundar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.06.2021

CORAM:

THE HONOURABLE Mr. JUSTICE S.S.SUNDAR W.P. No. 13469 of 2021 Karpagam .. Petitioner

Versus

1.The Government of Tamilnadu, Represented by its Secretary to Government, Rural Development & Panchayat Raj Department, Fort St. George, Chennai - 600 009.

2.The District Collector, 3.The Superintendent of Police, 4.The Director, Directorate of Rural Development & Panchayat Raj, Panangal Building, Saidapet, Chennai - 600 015.

5.The Assistant Director, Department of Rural Development & Panchayat Raj, 6.The Block Development Officer, Vallam Panchayat Union, Gingee Taluk, .. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents 1, 4 to 6 to make payment of Death cum Gratuity and all other attendant service benefits, pension and along with arrears, with interest at 12% per annum compounded annually in terms of Section 45 A of TN Pension rules, payable on account of the death of the Petitioner's husband (late) R.Mathiyazhagan, who died on 20.08.2014, by considering the petitioner's representation dated 16.04.2021, within a time frame as may be fixed by this Hon'ble Court.

For Petitioner : Mr. R.Veeramani For Respondents 1-5: Mr. C.Kathiravan Government Advocate : Dr. S.Suriya

O R D E R This writ petition is filed to issue a writ of Mandamus directing the respondents 1 and 4 to 6 to make payment of Death cum Gratuity and all other attendant service benefits, pension, along with arrears, with interest at 12% per annum, compounded annually in terms of Section 45 A of TN Pension rules, payable on account of the death of the Petitioner's husband (late) R.Mathiyazhagan, who died on 20.08.2014, by considering the petitioner's representation dated 16.04.2021.

2. Learned counsel appearing for the petitioner submitted that the petitioner will be satisfied if a direction is issued to the second respondent to consider and dispose of the representation of the petitioner dated 16.04.2021, within a time stipulated by this Court.

3. Having regard to the limited scope of the prayer that is now sought by the petitioner's counsel, without expressing any opinion on the merits of the petitioner's representation or the case pleaded before this Court, this writ petition is disposed of with a direction to the second respondent to consider and pass orders on the petitioner's representation dated 16.04.2021, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. No costs. In case, the petitioner is found entitled to the benefits, the respondents are directed to dispose of the same within a reasonable time. Sd/- Assistant Registrar(CS-VI) //True copy// Sub Assistant Registrar bkn To 1.The Secretary to Government, Rural Development & Panchayat Raj Department, Fort St. George, Chennai - 600 009.

2.The District Collector, 3.The Superintendent of Police,

4.The Director, Directorate of Rural Development & Panchayat Raj, Panangal Building, Saidapet, Chennai - 600 015.

5.The Assistant Director, Department of Rural Development & Panchayat Raj, 6.The Block Development Officer, Vallam Panchayat Union, Gingee Taluk, +1cc to Mr.R.Veeramani, Advocate SR.No.30164 W.P. No. 13469 of 2021 PL(CO) GMY(19/07/2021)