Madras High CourtWP/12877/2018ordered

Mrs.M.Vasantha, v. The Chairman,

2018-05-24Honourable Mrs Justice V.Bhavani Subbaroyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.05.2018

CORAM

THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.No.12877 of 2018 M.Vasantha ..Petitioner .. Vs ..

1. The Chairman, TANGEDCO, Annasalai, Chennai - 600 002

2. The Superintending Engineer (Punal), Material Management - II, TANGEDCO, No.144, Annasalai, Chennai - 600 002

3. The Asst. Executive Engineer / Exhibition, Office of the Superintending Engineer, Material Management - II, TANGEDCO, No.144, Annasalai, Chennai - 600 002 .. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 05.07.2017 and 21.04.2018 and thereby direct the respondents to disburse the death cum retirement benefits and pension benefits of Late. Murugesan who worked in the respondents department to the petitioner immediately. For Petitioner : Mr.B.Gopalakrishnan For Respondents : Mr.V.Jayaprakash Narayanan, Special Government Pleader for P.R.Dhilip kumar

O R D E R

The petitioner has filed this writ petition to direct the respondents to consider the petitioner's representation dated 05.07.2017 and 21.04.2018 and thereby direct the respondents to disburse the death cum retirement benefits and pension benefits of Late. Murugesan who worked in the respondents department to the petitioner immediately.

2. The petitioner's husband was working as a Foreman GradeII employee in the second and third respondents' office. He was retired from service on 30.06.2015 for superannuation. Due to his health condition, he could not approach the third respondent for claiming retirement benefits. While so, he died on 15.04.2016.

After that, the petitioner approached the respondents, who in turn asked her to produce legal heir certificate. At that time, the petitioner came to know that while in service her husband had already given a letter dated 16.06.2015 for getting pensionary benefits by the petitioner, wherein he had clearly mentioned that the petitioner is the nominee. After getting legal heir certificate and death certificate, the petitioner once again submitted a representation dated 05.07.2017 to the respondents. But the respondents have not taken any action on the said letter. Once again the petitioner submitted a representation dated 21.04.2018 along with all necessary documents, which was acknowledged by the respondents on 23.04.2018. So far the respondents have not taken any action on the above representations. Hence, the petitioner has filed the present writ petition for a direction to the respondents to consider the above representations.

3. Heard, Mr.V.Jayaprakash Narayanan, learned Special Government Pleader appearing for the respondents.

4. In view of the submissions made by the learned Special Government Pleader, the respondents are directed to consider the representations dated 05.07.2017 and 21.04.2018 of the petitioner and pass orders in accordance with law within a period of six weeks from the date of receipt of a copy of this Order.

5. With the above direction, the writ petition is disposed of. No costs.

Sd/- Vacation Officer/ Deputy Registrar(CS) //True Copy// Sub Assistant Registrar lok

1. The Chairman, TANGEDCO, Annasalai, Chennai - 600 002

2. The Superintending Engineer (Punal), Material Management - II, TANGEDCO, No.144, Annasalai, Chennai - 600 002

3. The Asst. Executive Engineer / Exhibition, Office of the Superintending Engineer, Material Management - II, TANGEDCO, No.144, Annasalai, Chennai - 600 002 +1cc to Mr.B.GOPALAKRISHNAN, Advocate, S.R.No.33986 +1cc to Mr.P.R.DHILIP KUMAR, Advocate, S.R.No. 34058 W.P.No.12877 of 2018 SVI(CO) TR(31/05/2018)