S.Balakrishnan v. The Addl.Chief Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 30.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR S.Balakrishnan

...Petitioner

Vs 1.The Additional Chief Secretary to Government, Transport Department, Secretariat, Chennai 600 009.

2. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., No.3/137, Salamedu, Valudhareddy Post, Villupuram 605 602.

...Respondents

Prayer: Writ petition filed under Article 226 of the Constitution of India seeking to issue a WRIT OF MANDAMUS directing the first and second respondents to consider the petitioner's representation letter dated 09.04.2022, in accordance with law and further to add the petitioner's name of the second wife viz. Malar in the service record of pension register, in accordance with law.

For Petitioner : Mr.S.Ramajayam For Respondents : Mr.P.Ganesan, Govt.Advocate for R1.

Mr.M.Aswin for R2

ORDER

By consent of both the parties, this writ petition has been taken up for final disposal at the admission stage itself.

2. This writ petition has been filed seeking to issue a WRIT OF MANDAMUS directing the respondents to add the name of the petitioner's second wife viz. Malar in the Service Register and pension records.

3. The petitioner was working as Conductor in the respondent Transport Corporation. He got divorce from his first wife vide order dated 27.09.2044 in HMOP No.24 of 2004 and he re-married one Malar and therefore, she became a legally wedded wife of the petitioner. The petitioner gave representation to remove the name of his first wife from the Service and pension records and to add the name of his second wife, along with necessary documents. But it was not considered. Hence this writ petition.

4. The learned counsels appearing for the respondents submitted that the representation of the petitioner will be considered by the authorities concerned and appropriate orders will be passed on its own merits, in accordance with law.

5. Inview of the above submission and considering the limited scope of prayer and to meet the ends of justice, without expressing any opinion on merits, the following order is passed. i) The second respondent is directed consider the representation of the petitioner dated 09.04.2022 and to pass orders on its own merits and in accordance with law, after providing opportunities to the parties concerned, as early as possible, within a period of twelve weeks from the date of receipt of a copy of this order.

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

30.06.2022 Index:Yes/No Internet:Yes/No mst

To 1.The Additional Chief Secretary to Government, Transport Department, Secretariat, Chennai 600 009.

2. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., No.3/137, Salamedu, Valudhareddy Post, Villupuram 605 602.

D. KRISHNAKUMAR, J.

mst 30.06.2022