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Madras High CourtWP/13753/2021disposed of

P.Amutha v. The Chief General Manager /

2021-07-02Honourable Mr Justice S.S. Sundar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.07.2021

CORAM:

THE HONOURABLE Mr. JUSTICE S.S.SUNDAR Writ Petition No.13753 of 2021 P.Amutha W/o.Late A.Pownraj .. Petitioner

Versus

The Chief General Manager/HR/Mine-II, NLC India Ltd., Administrative Office, Mine-II, Neyveli - 607 802.

.. Respondent Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondent herein to settle the gratuity benefits payable to the service of the petitioner's husband Late A.Pownraj (CPF No.26734) based on the petitioner's representation dated 15.10.2018.

For Petitioner : Mr.S.V.Karthikeyan for Mr.S.Bharathirajan For Respondents : No appearance O R D E R This writ petition is filed to issue a Writ of Mandamus directing the respondent herein to settle the gratuity benefits payable to the petitioner's husband Late A.Pownraj (CPF No.26734) based on the petitioner's representation dated 15.10.2018.

2. The petitioner is the wife of late Mr.A.Pownraj, who was employed in the respondent Corporation as cleaner in the Industrial canteen, Mine-II. When the petitioner's husband was in service, a punishment was imposed on him and he was removed from rolls of the corporation with effect from 31.05.2007. Challenging the same, the petitioner's husband filed an appeal. The petitioner's husband died during the pendency of the appeal. https://hcservices.ecourts.gov.in/hcservices/

3. Learned counsel appearing for the petitioner submits that the petitioner is unable to get the particulars about the appeal filed by her husband. Therefore, the petitioner submitted a representation dated 19.07.2018 to the respondent to disburse the monetary benefits payable to her husband. However, the petitioner's representation was not considered. The petitioner again submitted a representation on 15.10.2018 requesting the respondent to settle the gratuity benefits payable to her husband. Since the petitioner's representation dated 15.10.2018 has not been considered, the petitioner has filed the present Writ Petition.

4. Learned counsel appearing for the petitioner submits that the petitioner will be satisfied if a direction is issued to the respondent to consider the petitioner's representation dated 15.10.2018 regarding disbursement of gratuity benefits within a time stipulated by this Court.

5. 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, this writ petition is disposed of with a direction to the respondent to consider the petitioner's representation dated 15.10.2018 and pass orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar gm To The Chief General Manager/HR/Mine-II, NLC India Ltd., Administrative Office, Mine-II, Neyveli - 607 802.

+2cc to M/s.S.Bharathirajan, Advocate, S.R.No.30983 Writ Petition No.13753 of 2021 PMK(CO) SB(23/07/2021) https://hcservices.ecourts.gov.in/hcservices/