C.Lakshmi v. The General Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.10.2023

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA C.Lakshmi ...

Petitioner versus 1.The General Manager, MTC, Pallavan House, Chennai-600 002.

2.The Branch Manager, Vyasarpadi Depot, Metropolitan Transport Corporation Limited, Vyasarpadi, Chennai-600 039.

...

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to dispose the representation made on 22.01.1999 and 03.05.2018 by the petitioner. For Petitioner :

No Appearance For Respondent No.1 :

No Appearance For Respondent No.2 :

Mr.R.Balaji Standing Counsel 1/4

O R D E R

The petitioner has filed this petition seeking for a writ of mandamus, directing the respondents to dispose her representations dated 22.01.1999 and 03.05.2018.

2.

The petitioner is the wife of the deceased S.Chandran, who was worked in the Metropolitan Transport Corporation Limited. Subsequent to the death of her husband, she was given with the pension pay order for a monthly sum of Rs.1,951/- from 02.06.1998. The grievance of the petitioner is that the pension amount has not been increased in accordance with the Government Orders issued from time to time. In this regard, she made representations dated 22.01.1999 and 03.05.2018 to the respondents but that had not been considered so far.

3.

It appears from the Government Order dated 11.03.1999 of the respondents Corporation that, the petitioner was given with the grant of Rs.300/- per month by stating that the Post Retirement Benefit Scheme can be implemented only for those employees who retired by applying voluntarily retirement. But the Scheme is said to have been extended for those employees, who died subsequent to 01.09.1992, from which date the Post Retirement Benefit Scheme has been implemented. 2/4

4.

Since the petitioner's husband died on 01.06.1998, subsequent to the cut off date i.e. 01.09.1992, the petitioner is also entitled to get the above benefit under the Post Retirement Benefit Scheme. But the petitioner's grievance is that the pension amount paid to her has not been increased in accordance with the later Government Orders. 5.

Since the representations of the petitioner dated 22.01.1999 and 03.05.2018 in this regard are said to be still pending without consideration, I feel it is appropriate to direct the respondents Corporation to consider the representations of the petitioner and pass appropriate orders in accordance with the Rules and Regulations whichever is applicable to the case of the petitioner and dispose the same, within a period of eight (8) weeks from the date of receipt of a copy of this order.

6.

With these observations, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed. 18.10.2023 Speaking order / Non-speaking order Index : Yes / No : Yes / No sri 3/4

R.N.MANJULA , J.

sri To 1.The General Manager, MTC, Pallavan House, Chennai-600 002.

2.The Branch Manager, Vyasarpadi Depot, Metropolitan Transport Corporation Limited, Vyasarpadi, Chennai-600 039.

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