R.Bharathi v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.08.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH R.Bharathi W/o.R.Ravi ... Petitioner Vs.

1.Government of Tamil Nadu, represented by the Additional Chief Secretary, Transport Department, Government of Tamil Nadu, Fort St.George, Chennai - 600 009.

2.The Managing Director, Metropolitan Transport Corporation Limited, Pallavan Illam, Anna Salai, Chennai - 600 002.

... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the second respondent to consider the petitioner's representation dated 09.11.2020 and consequently, direct the second respondent to grant family pension and other related pensioner benefits including the life time pending arrears to the petitioner.

For Petitioner : Mr.M.Selvam For Respondents : Mr.P.Balathandayutham Special Government Pleader [R1] Mr.A.Vinothraj [R2] ***** 1/4

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the second respondent to consider the representation made by the petitioner on 09.11.2020 and to grant family pension to the petitioner.

2. Heard Mr.M.Selvam, learned counsel for petitioner and Mr.P.Balathandayutham, learned Special Government Pleader appearing for first respondent and Mr.A.Vinothraj, learned counsel for second respondent.

3. The case of the petitioner is that her husband joined the services of the second respondent corporation as a driver in the year 1992. Disciplinary proceedings were initiated against the petitioner's husband and he was removed from service by the second respondent on 25.02.2008. The petitioner's husband died in the year 2009. All of a sudden, in the year 2020, the petitioner made a representation to the respondents seeking for payment of family pension. Since the same was not considered, the present writ petition has been filed. 2/4

4. In the considered view of this Court, the petitioner is virtually attempting to revive a stale claim after nearly a decade. The same cannot be entertained by this Court.

Accordingly, this Writ Petition is dismissed. No costs. 20.08.2024 Index: yes/no Speaking Order/Non-Speaking Order gm To 1.The Additional Chief Secretary, Government of Tamil Nadu, Transport Department, Government of Tamil Nadu, Fort St.George, Chennai - 600 009.

2.The Managing Director, Metropolitan Transport Corporation Limited, Pallavan Illam, Anna Salai, Chennai - 600 002.

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