R.Shanthi v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.10.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.34513 of 2015 R.Shanthi .. Petitioner Vs.

1. The Commissioner, Salem Corporation, Salem 636 007.

2. The Assistant Commissioner, Ammapettai Zone, Salem Corporation, Salem 636 007.

.. Respondents Prayer:Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to disburse the terminal benefits of petitioner husband Late A.Raghupathy who died on 8-12-2013 while in service, including but not limited to Gratuity, Commutation amounts, Earned Leave Salary, Special Office Allowance and Wage Arrears, Family Pension and other benefits amounting to Rs.8,00,000/- approximately arising out of his employment with the Salem Corporation within a strict time frame fixed by this Honourable Court.

For Petitioner : Mr.T.S.Vijaya Raghavan For Respondent : Mr.S.Diwakar Additional Government Pleader

O R D E R

By consent, the writ petition is taken up for final disposal.

2. The petitioner would state that her husband namely, A.Raghupathy was employed as Conservancy Worker in Ammapettai Zone Number 42 of Public Health Department of Salem Corporation and his employment number is M.S.No.3933 and her husband died in harness leaving behind his mother, the petitioner, two sons and one married daughter.

3. The petitioner would further state that her husband served for a period of 25 years and on account of the sudden demise of her husband, her family is finding it extremely extremely difficult to make https://hcservices.ecourts.gov.in/hcservices/

both ends meet and though she received provident fund, she is yet to receive gratuity, commutation amounts, earned leave salary, special office allowance and wage arrears, family pension and other benefits and the petitioner in this regard has also submitted an affidavit of undertaking dated 21.07.2014 as required by the respondent Corporation and also produced death and legal heir certificate and inspite of it, the above said benefits have not been settled and in this regard, representation was also submitted, to the respondents which was also received and acknowledged on 16.06.2015 and since no orders have been passed, came forward to file this writ petition.

4. Heard the submissions of Mr.T.S.Vijaya Raghavan, learned counsel appearing for the petitioner and Mr.S.Diwakar, learned Additional Government Pleader who accepts notice on behalf of the respondents.

5. Though the petitioner prayed for the larger relief, this Court in the light of the above facts and circumstances, directs the first respondent to consider and dispose of the petitioner's representation dated 16.06.2015 on merits and in accordance with law and pass orders within a period of six weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner.

6. The writ petition is disposed of accordingly. No costs. pri Sd/- Assistant Registrar (CS-II) /True Copy/ Sub-Assistant Registrar To

1. The Commissioner, Salem Corporation, Salem 636 007.

2. The Assistant Commissioner, Ammapettai Zone, Salem Corporation, Salem 636 007.

+1 C.C. To MR.T.S.Vijayaraghavan, Advocate in SR.NO.59373 W.P.No.34513 of 2015 TEJ(CO) Sd : 04/11/2015 https://hcservices.ecourts.gov.in/hcservices/