P.Vijayalakshmi v. The Superintending Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.10.2023

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA P.Vijayalakshmi ...

Petitioner versus The Superintending Engineer, Udumalpet Electricity Distribution Circle, Udumalpet, Thiruppur District.

...

Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondent to issue family pension to the petitioner herein and other monetary benefits on the death of the father of the petitioner namely Paramasivam who was working as Line Inspector under the respondent herein by considering the representation of the petitioner herein dated 13.10.2020 and 11.11.2020 within a stipulated time.

For Petitioner :

Mr.T.Mohanraju for M/s.R.Nalliyappan For Respondent :

Mr.K.Rajkumar Standing Counsel (TNEB) 1/4

O R D E R

The petitioner has filed this petition seeking for a writ of mandamus, directing the respondent to issue family pension and other monetary benefits on the death of her father by considering her representations dated 13.10.2020 and 11.11.2020 respectively.

2.

Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondent and perused the materials available on record.

3.

The petitioner's father namely Paramasivam was working as Line Inspector under the respondent Department for atleast 31 years and 10 months of unblemished service. He died on 05.03.2006 by leaving the petitioner and his wife Kannamal. The petitioner's mother Kannamal also died on 12.01.2012. Even though the petitioner got married with one Shaji, it was ended in divorce. So the petitioner, who is the daughter of the deceased employee made representation for granting family pension and other monetary benefits from the respondent. After receipt of the representation, the respondent instructed the petitioner to get a Desertion 2/4

Certificate. As per the instructions, the petitioner got the Desertion Certificate and furnished the same along with the representations dated 13.10.2020 and 11.11.2020 to the respondent requesting to grant pensionary benefits.

4.

Since the representations of the petitioner dated 13.10.2020 and 11.11.2020 are said to be still pending without consideration, I feel it is appropriate to direct the respondent to consider the representations of the petitioner and dispose the same, after affording an opportunity to the petitioner of personal hearing to produce the relevant materials to substantiate her claim and pass appropriate orders, on merits and in accordance with law, within a period of four (4) weeks from the date of receipt of a copy of this order.

5.

With these observations, this Writ Petition is disposed of. No costs.

11.10.2023 Speaking order / Non-speaking order Index : Yes / No : Yes / No sri 3/4

R.N.MANJULA , J.

sri To The Superintending Engineer, Udumalpet Electricity Distribution Circle, Udumalpet, Thiruppur District.

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