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Madras High CourtWP/23493/2023disposed of

R.Padmavathi v. The District Collector

2023-08-10Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR WP.No.23493 of 2023 R.Padmavathi ... Petitioner Vs

1. The District Collector, District Collectorate Office, Erode.

2. The Revenue Tahsildar Gobichettypalayam, Erode District.

... Respondents Prayer:- Writ Petition filed, under the Article 226 of Constitution of India, to issue a Writ of Mandamus directing the respondents 1 and 2 to consider the representation of the petitioner dated 06.01.2023 and 24.04.2023.

For Petitioner : Mr.T.Balaji For Respondents : Mr.M.Alagu Gowtham Government Advocate

ORDER

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This Writ Petition has been filed to direct the respondents to consider the representations of the petitioner dated 06.01.2023 and 24.04.2023 and pass Orders on the same.

2. The case of the writ petitioner is that the husband of the writ petitioner has faced charge memo and the Order of suspension has also been quashed by this Court in W.P.Nos.6312 & 6313 of 2014 and this Court by a common Order dated 15.04.2014 has held that the husband of the petitioner is deemed to have retired on the afternoon of 31.05.2009. It has been further held that the respondents are at liberty to initiate proceedings under the Tamilnadu Pension Rules, provided the same is not barred by limitation. It is the contention of the writ petitioner that no action has been initiated under Tamilnadu Pension Rules so far. Hence, the petitioner is entitled to the retirement benefits of her husband. In this regard she has also given a representation to the respondents on 24.04.2023. However, the same has not been considered by the respondents. Hence, the present Writ Petition.

3. The learned counsel for the respondents submit that they will 2/4

consider the representation of the petitioner on merits and if the petitioner is entitled, the same will be disbursed to the petitioner.

4. It is to be noted that, the criminal charges against the husband of the petitioner has been abated on account of his death. Hence, the respondents are directed to consider the representation of the petitioner dated 24.04.2023 and pass Order on it on merits within a period of one month from the date of receipt of a copy of this Order.

5. With the above direction, this Writ Petition is disposed of. No costs.

10.08.2023 Index:Yes/No vrc To,

1. The District Collector, District Collectorate Office, Erode.

2. The Revenue Tahsildar Gobichettypalayam, Erode District.

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N.SATHISH KUMAR, J.

vrc WP.No.23493 of 2023 10.08.2023 4/4