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Madras High CourtWP/17174/2020disposed of

P.Tamilarasi v. The Commissioner

2023-10-04Honourable Ms Justice R.N.Manjula6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.10.2023

CORAM

THE HONOURABLE Ms.JUSTICE R.N.MANJULA W.P. No.17174 of 2020 P.Tamilarasi ...

Petitioner /vs/

1. The Commissioner, Corporation of Chennai, Rippon Building, Chennai - 600 003.

2. The Zonal Officer, Corporation of Chennai, Zone XV, Sholinganallur, Chennai - 600 119.

... Respondents Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents herein to consider the petitioner's representation dated 22.08.2019 regarding disbursement of Chennai City Corporation NMR Group Insurance amount of Rs.3,00,000/- on account of the demise of her son Mr.Periyasamy Appuraj on 30.10.2018, within a time frame.

For Petitioner ... Mr. G.Bala & Daisy For Respondents ... Mr. A.Arun Babu Standing Counsel for Respondent corporation

ORDER

The petitioner who is the mother of one Periyasamy Appuraj had filed this Writ Petition seeking for a direction to the respondents to consider her representation dated 22.08.2019 regarding disbursement of Chennai City Corporation NMR Group Insurance amount of Rs.3,00,000/- on account of the demise of her son Mr.Periyasamy Appuraj on 30.10.2018, within a time frame.

2. The learned counsel for the petitioner submitted that the petitioner's husband one Periyasamy was originally working a Sanitary Worker in the respondent corporation from the year 1997 and later he died on during the year 2015; however the said Periyasamy was sick from the year 2009 onwards and hence he inducted his son Appuraj to work as a Sanitary Worker and thus his name is also to be included in the roaster; since the son of the petitioner has also been subscribing the amounts of Chennai City Corporation NMR Group Insurance Scheme, the petitioner is entitled to get the insurance amount subsequent to his death.

3. The learned Standing Counsel for the respondent Corporation submitted that there is no disagreement of the fact that the insurance amount should be disbursed to the legal heirs of the deceased Sanitary Worker; but there is a confusion with regard to the date of appointment of Appuraj because the records would reveal that he had joined work in the year 1997; from the birth certificate of Appuraj it is seen that Appuraj was born on 27.06.1990 and hence in all probabilities he could not have been a Sanitary Worker from the year 1997 as seen in the list.

4. Obviously the list of Sanitary Workers which have been sent by the respondents to Government for approval is the list prepared by the respondent Corporation themselves. The petitioner cannot be aware of the details of entries made in the list. Since the father of Appuraj who was working from the year 1997 and thereafter his son was inducted, I understand that there is some lapse on the part of the respondents in updating the date of the engagement of Appuraj. The respondent did not deny that Appuraj was subscribing to Chennai City Corporation NMR Group Insurance Scheme. So it is for the respondent corporation to ascertain the right date from which Appuraj had

been engaged with the Corporation as a Sanitary Worker.

5. It is now learnt that the respondent Corporation has addressed the District Collector to ascertain the date of appointment of Appuraj by a letter dated 20.07.2023.

6. The respondent Corporation cannot deny the fact that Appuraj was working as a Sanitary Worker. If he did not work, there is no necessity to include his name in the roaster. Hence, I feel it is appropriate to direct the first respondent to consider the representation of the petitioner dated 22.08.2019 within a specific time frame.

7. Accordingly, this Writ Petition is disposed by directing the respondents to consider the petitioner's representation dated 22.08.2019 by taking pro-active steps and dispose the same in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. No costs. 04.10.2023 bkn

To:

1. The Commissioner, Corporation of Chennai, Rippon Building, Chennai - 600 003.

2. The Zonal Officer, Corporation of Chennai, Zone XV, Sholinganallur, Chennai - 600 119.

R.N.MANJULA ,J.

bkn 04.10.2023