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Madras High CourtWP/20254/2019closed

Salsa Devi v. The Superintend Engineer

2019-07-13Honourable Mr Justice T.N.Vallinayagam (Retd.)5 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 13th July 2019 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble MR.JUSTICE T.N.VALLINAYAGAM (Retd.) and Members Mr.T.Seemadurai Mr.K.Ethirajalu W.P.No.20254 of 2019 This Writ Petition has been filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to issue the death benefits and other benefits of deceased Munivel to the petitioner husband.

Salsa Devi ... petitioner Vs.

1.The Superintendent Engineer Tamilnadu Electriciy Board, Chennai Electricity Distribution Circle (West) Thirumangalam, Anna Nagar, Chennai 600 040.

2.Jothi .. Respondents On representation of the counsel on either side, this case is taken up for settlement before the National Lok Adalat. Mr.K.Thenrajan, learned counsel for the petitioner, Mr.P.R.Dhilip Kumar, learned counsel for the 1st respondent and Mr.A.Ramesh, learned counsel for the second respondent are present. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows:

ORDER

This Writ Petition is not in the list. It has been taken up by consent on both sides. The memo of compromise has been filed regarding distribution of death benefits and other benefits to the family of the employee in Electricity Board.

2.The Compromise Memo is recorded and award is passed in terms of joint compromise memo and it is relevant to extract the following: 4.The Petitioner and 2nd Respondent states that they are agreed to compromise the issue on the following terms and conditions which as follows (i) The 2nd Respondent has no objection for the disbursement of death benefits on Munivel to the petitioner and further she will not claim in pension and employment for the petitioner's son compassionate appointment of Mounahasan towards the death of Munivel while in employment. (ii) Out of the death benefits of Munivel the petitioner agreed to give a sum of Rs.15,00,000/- to the 2nd respondent for the future and welfare her daughter Diksha.

(iii) Apart from the above conditions there is no claim or counter claim between the petitioner and the 2nd respondent and further the 2nd respondent will not initiate civil or criminal cases in the above settled issue.

(iv) There is no force or coercion in between the parties were entered into the above compromise.

Dated at Chennai on this 13th day of July, 2019.

Sd/- Sd/- Salsa Devi Counsel for the Petitioner 1.The Superintendent Engineer Tamilnadu Electriciy Board, Chennai Electricity Distribution Circle (West) Thirumangalam, Anna Nagar, Chennai 600 040.

Sd/- Sd/- 2.M.Jothi Counsel for the Respondents This Lok Adalat award is passed in terms of the above settlement. The Court fee paid shall be refunded to the parties in the manner provided under the Court Fees Act, 1870 as provided for under sub Sec.1 of Section 21 r/w 25 of LSA Act 1987 as amended in 1994. Sd/- Sd/- Judge Sd/- Member Member Sd/- Assistant Registrar(Insp.Cell) To The parties/Advocate concerned Copy to 1.The Superintendent Engineer, Tamilnadu Electriciy Board, Chennai Electricity Distribution Circle (West) Thirumangalam, Anna Nagar, Chennai 600 040.

2.The Secretary, High Court Legal Services Committee, Chennai. 3.The Section Officer, V.R.Section, High Court, Madras. 4.The Section Officer, Lok Adalat Section, High Court, Madras.+2 copies SECTION OFFICER

T.N.VALLINAYAGAM.,J vkr W.P.No.20254 of 2019 13.07.2019