Madras High CourtWP/27877/2019disposed of

S.Gunajothi v. The Principal Secretary To Govt

2019-09-19Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :19.09.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.27877 of 2019 S.Gunajothi ..Petitioner vs 1.The Principal Secretary to Government, Cum Chairman of TWAD, (MA & WS Dept), Secretariat, St.George Fort, Chennai.

2.The Managing Director, Tamil Nadu Water Supply and Drainage Board, No.31, Kamarajar Salai, Chepauk, Chennai-600 005.

3.The Chief Engineer, Tamil Nadu Water Supply and Drainage Board, No.30, Bharathi Park Road, Siruvani Nagar, Coimbatore-43.

4.The Superintending Engineer, Tamil Nadu Water Supply and Drainage Board, Erode-Karur-Tiruppur Circle, Erode, Erode District.

5.The Executive Engineer.

Tamil Nadu Water Supply and Drainage Board, Rural Water Supply division, Erode, Erode District.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari Mandamus, directing the respondents 1 and 2 to consider the representation dated 03.08.2019 of the petitioner submitted for seeking necessary steps to release all the Pensionary & Terminal benefits such as full Family Pension, Gratuity, Commutation, Leave salary, GPF amount of her husband (late) K.Shanmugam by implementing Pay-Commissions and periodical increments.

For Petitioner : Ms.V.Kayalvizhi For Respondents : Ms.R.Janaki for R1 Additional Government Pleader Mr.R.Ganesh Babu for R2 to R4

O R D E R

The case of the petitioner is that the petitioner's husband was appointed as an Engineer in Tamil Nadu Water Supply and Sewerage Board. On 12.02.2002 the M.D of TWAD Board issued a charge memo as against the petitioner's husband alleging some irregularities and thereafter he was implicated in a Criminal Case in Crime No.3/AC88/Head Quarters by the S.P. of Police V & AC, for the same allegations. The petitioner's husband was suspended by the TWAD Board on 13.02.2003 and thereafter in the year 2007 the TWAD dropped all the charges and subsequently the petitioner's husband filed quash petition before this Court as against the Criminal case and the same was allowed on 26.02.2015. At the same time, the SLP was filed against the said quash order and the same was dismissed by the Apex Court on 23.09.2016. In the meantime, the petitioner's husband died on 16.04.2016 due to illness. However, till date the TWAD has not given full pension and all pensionary benefits. Hence the present Writ Petition is filed before this Court.

2. The learned counsel appearing for the petitioner would submit that to issue directions to the first and second respondents to dispose of the representation dated 03.08.2019 and pass orders.

3. Mrs. Janaki, learned Additional Government Pleader appearing for the first respondent conceded to the limited request made by the learned counsel for the petitioner.

4. Without expressing any opinion on merits of the case and considering the limited request made by the learned counsel for the petitioner, I am inclined to issue direction to the first and second respondents to consider the representation dated 03.08.2019 submitted by the petitioner and pass orders within a period of twelve (12) weeks from the date of

receipt of a copy of this order. With the above directions, the Writ Petition is disposed of. No costs.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar tta To 1.The Principal Secretary to Government, Cum Chairman of TWAD, (MA & WS Dept), Secretariat, St.George Fort, Chennai.