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Madras High CourtWP/26276/2017disposed of

S.Mani, v. The Chief Executive Officer /

2018-04-06Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.04.2018

CORAM

THE HON'BLE Mr. JUSTICE S.M.SUBRAMANIAM W.P.No.26276 of 2017 S.Mani ... Petitioner Vs

1. The Chief Executive Officer/Secretary, Tamil Nadu Manual Workers Welfare Board, G/133, I Main Road, II and III Floor, TNHB Chinthamani Super Market Shopping Complex, Anna Nagar East, Chennai - 600 102.

2. Labour Officer, (Social Security Scheme), 1841, Trichy Road, Ozhungumurai Sales Complex, Coimbatore - 45.

3. The District Collector, The District Collector Office, Coimbatore.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the 2nd respondent to provide the petitioner's pending pensions for 3 1/2 years (41Months) and consequently for every month in future as per petitioner's representation dated 15.05.2017.

For Petitioner : Mr.N.Stalin For Respondents : Mr.V.Jayaprakash Narayanan for R1 : Mr.J.Ramesh Additional Government Pleader (for R2 & R3) * * * * *

O R D E R

The relief sought for in this writ petition is to direct the second respondent to provide the petitioners pending pensions for 3 1/2 years (41 Months) and consequently for every month in future as per petitioner's representation dated 15.05.2017. 2.The grievances of the writ petitioner is that he is the member of the Tamil Nadu Manual Workers Welfare Board. Pension scheme is in force, in respect of the members of the Organization.

3.In spite of the fact that the writ petitioner is eligible to get pension under the scheme. The respondents have not considered the case of the writ petitioner. In this regard, the writ petitioner had already submitted a representation to the first respondent on 15.05.2017 and the same is yet to be considered.

4.Thus, without going into the merits of the case, the first respondent is directed to consider the representation submitted by the writ petitioner on 15.05.2017 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. The writ petitioner is directed to enclose the copy of the representation and all other relevant documents to establish that he is eligible for pension along with the order passed in this writ petition. 5.Accordingly, the writ petition stands disposed of. However, there shall be no order as to costs. Sd/- Deputy Registrar /true copy/ Sub Asst. Registrar To

1. The Chief Executive Officer/Secretary, Tamil Nadu Manual Workers Welfare Board, G/133, I Main Road, II and III Floor, TNHB Chinthamani Super Market Shopping Complex, Anna Nagar East, Chennai - 600 102.

2. Labour Officer, (Social Security Scheme), 1841, Trichy Road, Ozhungumurai Sales Complex, Coimbatore - 45.

3. The District Collector, The District Collector Office, Coimbatore.

+ 1 cc to Mr.N.Stalin Advocate,SR.25669 + 1 cc to Mr.V.Jayaprakash Narayanan Advocate,SR.25609 + 1 cc to The Govt.Pleader, SR.25969 W.P.No.26276 of 2017 nr 26/04/2018