← Library
Madras High CourtWP/18855/2016disposed of

Shrimathi, N.Chellamma Amma, v. The Director,

2016-08-01Honourable Mr Justice B. Rajendran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.08.2016

CORAM

THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P.No.18855 of 2016 N.Chellamma Amma ..

Petitioner -vs1.The Director, Director of College Education, No.9, EVK Sampath Building, College Road, Chennai-600 006.

2.The Regional Joint Director of Collegiate Education, The Office of the Regional Joint Director of Collegiate Education, No.807, Anna Salai, Chennai-600 002.

3.Ramakrishna Mission Vivekananda College, rep.by its Secretary, 70 & 72, Sir P.S.Sivaswami Salai, Mylapore, Chennai-600 004.

4.The Principal, Ramakrishna Mission Vivekananda College, 72, Sir P.S.Sivaswami Salai, Mylapore, Chennai-600 004.

5.Uma U.S.

..

Respondents Petition filed under Article 226 of the Constitution of India, for issuance of a writ of Mandamus directing the third and fourth respondents to disburse one share (half) of the total retirement benefit of the petitioner's son by name T.Unnikrishnan (late) who retired from service in the year 2013 with interest of 10% for the belated period of payment of benefits within the time stipulated by this Court to the petitioner, who is one of the legal heir of the deceased T.Unnikrishnan.

For Petitioner ::

Ms.P.Uma For Respondents::

Mr.A.Kumar, Special Government Pleader for R1 and R2 Mr.P.Venugopal for R3 Mr.T.E.Badrinathan for R4 Ms.A.Sumathy for R5

ORDER

The petitioner and the fifth respondent are the legal heirs of one Unnikrishnan, who was working in the fourth respondent College as Assistant Professor in Sanskrit. The said Unnikrishnan retired in the year 2013 and he passed away in the year 2015. His retirement benefits have not been paid to his legal heirs. Hence the present writ petition. 2.According to the Principal of Ramakrishna MissionVivekananda College, the fourth respondent herein, the deceased was asked to submit papers duly signed by him, for the retirement benefits, even during his life time, but he had not chosen to do so, in spite of communications sent to him.

Thereafter, in the year 2016, the college has directed both the petitioner and the fifth respondent, the legal heirs of the deceased, to comply with the necessary formalities, for availing the benefit of retirement, and the same was also not complied with. Therefore, the counsel for the fourth respondent submits that unless they comply with the requirement of filling up necessary forms and signing in the necessary applications, so as to enable them to send the papers to the Government to settle the retirement benefits, it is not possible for them to settle the retirement benefits.

3.The learned Special Government Pleader appearing for the respondents 1 and 2, submits that if they receive the necessary papers from the College, they are liable to process the same for granting retirement benefits to the legal heirs of the deceased. 4.In view of the submissions made, first of all, the petitioner and the fifth respondent, who claims to be the legal heirs of the deceased Unnikrishnan, have to go to the college and fill up necessary forms and sign in the necessary applications, for availing the retirement benefits and when that is done, it is for the college to forward the same to the Government to pass appropriate orders. Hence, the petitioner and the fifth respondent are directed to submit all the necessary forms and papers, duly signed, to the fourth respondent -College for availing the retirement benefits. On receipt of the same, the fourth respondent is directed to forward it to the Government, which shall pass appropriate orders, as expeditiously as possible.

5.The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar KM To 1.The Director, Director of College Education, No.9, EVK Sampath Building, College Road, Chennai-600 006.

2.The Regional Joint Director of Collegiate Education, The Office of the Regional Joint Director of Collegiate Education, No.807, Anna Salai, Chennai-600 002.

+1cc to M/s. P.Uma, Advocate, S.R.No.43435 +2cc to Mr.T.E. Badrinathan, Advocate, S.R.No.43360 +2ccs to Mr.P.Venugopal, Advocate SR.43361 PA(CO) EU(26/08/2016) W.P.No.18855 of 2016