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Madras High CourtWP/36024/2015disposed of

S.Rajalakshmi v. The Managing Director,

2015-11-06Honourable Mr Justice K. Kalyanasundaram2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.11.2015

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.36024 of 2015 S.Rajalakshmi ..Petitioner Vs.

The Managing Director Chennai Metropolitan Transport Corporation, Pallavan Illam, pallavan Salai, Chennai - 600 002.

.. Respondent Prayer: The Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent to disburse all retirement benefits and family pension of the deceased employee K.Sundarraj, Selection Grade Driver bearing No.D15349 on the file of the respondent Corporation to the petitioner viz., Rajalakshmi, wife of Deceased K.Sundarraj.

For Petitioner : Mr.Karunakaran For Respondent : Mr.P.Kannan Kumar

O R D E R

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

2. According to the petitioner, her husband, K.Sundarraj joined in the respondent Corporation as a driver in the year 1994 and subsequently, he has become Selection Grade Driver in the respondent corporation. While he was in service, he died on 21.07.2014.

3. The petitioner would claim that she is eligible to get pension and all retirement benefits. Despite lapse of 13 months, the retirement benefits were not given to her. Hence, the present writ petition.

4. The learned counsel for the respondent would contend that there is a rival claim in this case and hence, the respondent is conducting enquiry. Further, the petitioner may be https://hcservices.ecourts.gov.in/hcservices/

directed to produce proof along with her representation to the respondent.

5. Heard the learned counsel for the petitioner and the learned counsel for the respondent.

6. This Court, in the light of the above facts and circumstances, permits the petitioner to submit one more representation to the respondent by enclosing a copy of this order as well as copy of her earlier representation within a period of two weeks from the date of receipt of a copy of this order. The respondent, on receipt of the same, is directed to consider the said representation on merits and in accordance with law, in the light of the above said orders and pass appropriate orders within a period of eight weeks therefrom and communicate the decision taken by him to the petitioner. With the above said directions, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

sms s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar To The Managing Director Chennai Metropolitan Transport Corporation, Pallavan Illam, pallavan Salai, Chennai - 600 002.

+ 1 cc to Mr.P.Kannan kumar, Advocate SR 61692 + 2 ccs to Mr.U.Karunakaran, Advocate SR 61375 ca(co) prk18/12 W.P.No.36024 of 2015 https://hcservices.ecourts.gov.in/hcservices/