Madras High CourtWP/34927/2016disposed of

P.Saraswathi, W/O.Palani v. The Executive Officer,

2019-01-03Honourable Mr Justice T.Raja2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.01.2019

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.34927 of 2016 P.Saraswathi .. Petitioner -vsThe Executive Officer, Mangadu Town Panchayat, Chennai 600 122.

.. Respondent Petition is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus directing the respondent to consider and pass appropriate orders on the representation dated 08.09.2016 regarding for payment of death cum retirement her husband 1.Earned Leave encashment 2.Provident fund 3.Special Provident Fund 4.Family Benefit Fund 5.Insurance Amount and to the petitioner within reasonable time as per Service Rules.

For Petitioner ::

Mr.M.Ramadoss for Mr.A.Baskaran For Respondent :: Mr.P.Karthikeyan

ORDER

The petitioner has come up with this writ petition seeking a direction to the respondent to consider and pass appropriate orders on her representation dated 08.09.2016 regarding payment of death cum retirement benefits of her husband namely, Earned Leave Encashment, Provident Fund, Special Provident Fund, Family Benefit Fund and Insurance Amount within a reasonable time as per Service Rules.

2.The case of the petitioner is that her husband Palani was appointed as Sanitary Worker on consolidated pay of Rs.900/- as per Pro.Na.Ka.No.188/99 dated 14.02.2000 issued by the Executive Officer, Mangadu Town Panchayat, the respondent herein, who has regularised the services of the petitioner's husband with effect from 15.05.2004. According to the petitioner, her husband died on 01.04.2012 while in service, leaving herself, his daughters and son as legal heirs. While so, the death cum retirement benefits of her husband was not paid by the respondent till date. Hence, she made a detailed representation dated 08.09.2016. As the same has not been considered by the https://hcservices.ecourts.gov.in/hcservices/

respondent, the petitioner is before this Court. 3.Learned counsel appearing for the respondent sought four weeks time to consider the petitioner's representation, on merits.

4.Therefore, the respondent is directed to consider the representation dated 08.09.2016 made by the petitioner and pass appropriate orders, on merits and in accordance with law, within a period of three weeks from the date of receipt of a copy of this order, in the light of the Proceedings dated 14.12.2015. Accordingly, this writ petition is disposed of. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vga To The Executive Officer, Mangadu Town Panchayat, Chennai 600 122.

+1cc to Mr.A.Baskaran, Advocate, S.R.No.726 W.P.No.34927 of 2016 SV(CO) rrs 29/01/2019 https://hcservices.ecourts.gov.in/hcservices/