M.Thulasimani, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.12.2015

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.40453 of 2015 1 M.Thulasimani ...

Petitioner Vs 1 The District Collector, Tirupur District.

2 The Tahsildar, Paladam Taluk, Tirupur District.

...

Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to provide the family pension and other monetary benefits to the petitioner which is eligible for the petitioner's husband deceased Mounagurusamy with interest at 18% P.A. who worked as the Village Assistant under the respondents Department within the time stipulated by the Honourable High Court. For Petitioner : Mr.N.Umapathi For Respondents : Mr.V.Jayaprakash Narayanan Special Government Pleader

O R D E R

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

2. This writ petition is filed for a direction to the respondents to provide family pension and other monetary benefits along with interest at the rate of 18% per annum.

3. The petitioner would state that her husband viz., Mounagurusamy, who was working as a Village Assistant at Kannanpalayam Revenue Village, died on 22.02.2005 due to his illness. The petitioner has approached the second respondent seeking payment of terminal benefits and compassionate Appointment. The respondents have paid gratuity amount, earn https://hcservices.ecourts.gov.in/hcservices/

leave, general provident Fund amount, but the family pension was not given to her.

4. Mr.N.Umapathi, learned counsel appearing for the petitioner submitted that the petitioner had given representations to the respondents on 20.09.2010, and 19.03.2015. Based on the representations, the first respondent by his letter dated 21.05.2015 directed the Thasildar, Palladam Taluk to send the pension proposal immediately. Even thereafter, no action has been taken so far. Hence, the present writ petition has been filed.

5. Mr.N.Umapathi, learned counsel appearing for the petitioner and Mr.V.Jayaprakash Narayanan, learned Special Government Pleader, who accepts notice on behalf of the respondnets.

6. Though the petitioner prayed for a larger relief, this court, in the light of the facts and circumstances and without going into the merits of the case, directs the respondents to consider the petitioner's representation dated 19.03.2015 and pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner. With the above said direction, this writ petition is disposed of. No costs.

sd/- Assistant Registrar(Cs-V) /TRUE COPY/ Sub-Assistant Registrar sms To 1 The District Collector, Tirupur District.

2 The Tahsildar, Paladam Taluk, Tirupur District.

+1 CC to Govt.Pleader. SR.NO.69652 W.P.No.40453 of 2015 CO-GR JD 27/01/2016 https://hcservices.ecourts.gov.in/hcservices/