M.Sellamal v. The Chief Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.09.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH M.Sellamal W/o.Late Mariappa Gounder ... Petitioner Vs.

1.The Chief Engineer, TANGEDCO, Coimbatore Region, Coimbatore.

2.The Superintending Engineer, TANGEDCO, Udumalpet Electricity Distribution Circle, Udumalpet - 600 142.

3.Muthamilselvi W/o.Late Kalimuthu 4.K.Gokulakrishna S/o.Late Kalimuthu ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the official respondents 1 and 2 to disburse the appropriate monetary benefit to petitioner which arises due to the death of the petitioner's son on 16.12.2023 while in service as a Special Grade Foreman by considering the petitioner's representation dated 16.01.2024 within a time frame as fixed by this Court.

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For Petitioner : Mr.N.Balakrishnan For Respondents : Mr.K.Rajkumar, Standing Counsel [R1 & R2] *****

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing respondents 1 and 2 to disburse the monetary/ pensionary benefits of the petitioner's son considering the representation made by the petitioner on 16.01.2024.

2. Heard Mr.N.Balakrishnan, learned counsel for petitioner and Mr.K.Rajkumar, learned Standing Counsel appearing for respondents 1 and 2.

3. The case of the petitioner is that her son was working as a Special Grade Foreman in TANGEDCO. He died on 16.12.2023 leaving behind the petitioner, third respondent wife and fourth respondent minor son. The grievance of the petitioner is that after the demise of her son,she has been left in lurch and the third respondent is attempting to get the entire service benefits of her husband. Hence, the petitioner made a representation dated 16.01.2024 requesting for granting 50% of the 2/4

service benefits to her. Since the same was not considered, the present writ petition has been filed before this Court.

4. When the matter came up for hearing on 03.09.2024, this Court directed the learned Standing Counsel appearing for respondents 1 and 2 to take instructions as to whether the deceased had appointed anyone as nominee to receive the terminal benefits. Learned Standing Counsel, on instructions, submitted that the deceased has not specifically appointed anyone as nominee and at the relevant point of time since the deceased was unmarried, the name of the mother alone has been entered in the family column.

5. In the light the above submission, there shall be a direction to second respondent to consider the representation made by the petitioner on 16.01.2024 and take a final decision within a period of six (6) weeks from the date of receipt of a copy of this order. Before taking the final decision, the second respondent shall also afford an opportunity to the third respondent.

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N.ANAND VENKATESH, J gm This writ petition is disposed of with the above direction. No costs.

09.09.2024 Index: yes/no Speaking Order/Non-Speaking Order gm To 1.The Chief Engineer, TANGEDCO, Coimbatore Region, Coimbatore.

2.The Superintending Engineer, TANGEDCO, Udumalpet Electricity Distribution Circle, Udumalpet - 600 142.

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