C.Ranganayagi v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 12.10.2015
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.32406/2015 C.Ranganayagi ..Petitioner
Versus
1. The Government of Tamilnadu represented by the Secretary to Government School Education Department, Fort St.George, Chennai 600 009
2. The Chief Educational Officer, Vellore, Vellore District
3. The Headmaster, TEM Government Girls Higher Secondary School, Sholinghur- 631 102, Vellore District ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for a writ of mandamus directing the respondents to settle the terminal benefits on account of the death of petitioner's husband, Mr.N.Chinnasamy, Music Teacher, TEM Government Girls Higher Secondary School, Sholingur as claimed in her representation dated 15.06.2015 submitted to the third respondent within a time limit to be fixed by this Court.
For Petitioner : Mr.P.Rajendran For RR 1 & 2 : Mr.N.Srinivasan, AGP
ORDER
By consent, the writ petition is taken up for final disposal.
The petitioner's husband was working as Music Teacher for about 25 years and he died in harness on 05.10.2014 while he was working at TEM Government Girls Higher Secondary School, Sholinghur, Vellore District. The deceased left behind four legal heirs, namely, the petitioner herein and a daughter and a son and also his mother. The grievance expressed by the petitioner is that she is entitled to get family pension and other terminal benefits. In this regard, she has submitted a representation dated 19.01.2015 to the 2nd
respondent, praying for settlement of the same and the 2nd respondent, has sent a reply dated 22.01.2015, calling for certain particulars and the petitioner has also submitted the Death Certificate as well as the Legal Heir Certificate and since no orders have been passed, she came forward to file this writ petition.
Heard the learned counsel for the petitioner and Mr.N.Srinivasan, learned Additional Government Pleader who accepts notice on behalf of the respondents 1 and 2. It is the specific claim of the petitioner that she has furnished the Death Certificate as well as the Legal Heir Certificate to the 3rd respondent vide representation dated 07.08.2015 sent by registered post and it was also acknowledged by the 3rd respondent on 10.08.2015. This Court, in the light of the above facts and circumstances, directs the 3rd respondent to forward the Death Certificate of the deceased Chinnasamy as well as the Legal Heir Certificate to the 2nd respondent within a period of two weeks from the date of receipt of a copy of this order and the 2nd respondent, on receipt of the same, is directed to consider the claim of the petitioner for settlement of terminal benefits and payment of the family pension and pass orders within a further period of six weeks thereafter and communicate the decision taken, to the petitioner. The writ petition is disposed of accordingly. No costs.
-Sd/- Assistant Registrar //True copy// Sub Assistant Registrar AP To
1. The Secretary to Government Government of Tamilnadu School Education Department, Fort St.George, Chennai 600 009
2.The Chief Educational Officer, Vellore, Vellore District 3.The Headmaster, TEM Government Girls Higher Secondary School, Sholinghur- 631 102, Vellore District +1 cc to Mr.P.Rajendran,Advocate(sr.57037) +1 cc to Government Pleader (sr.56028) W.P.No.32406/2015 AR-III(co) cp 16/10/2015