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Madras High CourtWP/26643/2023disposed of with direction

R.Muthulakshmi v. The Commissioner

2023-09-12Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.09.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI R.Muthulakshmi ... Petitioner Vs.

1. The Commissioner, Employees' Provident Fund Organisation, Ministry of Labour and Employment, Government of India, No.37, Royapettah High Road, Chennai - 600 014.

2. The Divisional Manager, FCI, Division Office, No.8, 4th Floor, Sathyamoorthy Road, Chetpet, Chennai - 600 031.

3. The Manager (DPS Pension), Food Corporation of India, Divisional Office, No.8, 4th Floor, Sathyamoorthy Road, Chetpet, Chennai - 600 031.

...Respondents

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PRAYER: The Writ Petition filed under Section 226 of the Constitution of India, pleased to issue a Writ of Mandamus directing the 1st respondent to correct the Family Pension Scheme Number of the petitioner's deceased husband named Mr.K.Ramu as TN/10421-A-10/74, K.Ramu, S/o.Karuppiah, DOB 1/7/1961, DOJ 11/12/1984, DOE 30.06.1996 TR to DL/CPM/2271/156355 in all the service records of the deceased and send the said service particulars to the respondents 2 and 3 enabling to process and disburse the pensionary benefits to the petitioner, pursuant to the representation of the petitioner dated 23.08.2022, within the time frame fixed by this Court. For Petitioner : Mr.S.Srinivasan For Respondent : Mr.K.Venkatesan for R1

O R D E R

This writ petition has been filed for issuance of a writ of mandamus to direct the 1st respondent to correct the Family Pension Scheme Number of the petitioner's deceased husband named Mr.K.Ramu as TN/10421-A-10/74, K.Ramu, S/o.Karuppiah, DOB 1/7/1961, DOJ 11/12/1984, DOE 30.06.1996 TR to DL/CPM/2271/156355 in all the service records of the deceased and send the said service particulars to the respondents 2 and 3 enabling to process and disburse the pensionary benefits to the petitioner, pursuant to the representation of the petitioner dated 23.08.2022.

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3. It is the case of the petitioner that her husband was employed as Handling Labour in Food Corporation of India. Thereafter, he died in the year 1999 leaving behind his legal heirs. Since the family pension scheme number of the petitioner's husband has been wrongly entered in all his service records, seeking to modify the same, the petitioner has made several representations before the 1st respondent and the last of which on 23.08.2022. However, the same was not considered. Hence the present writ petition.

4. Though very many grounds have been raised in the above writ petition, learned counsel for the petitioner submits that it would suffice if this Court issues a direction to the 1st respondent to consider the petitioner's representation dated 23.08.2022 and pass appropriate orders within the time frame that may be fixed by this Court.

5. The learned counsel for the 1st respondent submits that the petitioner's representation will be considered and appropriate orders will be passed in the manner known to law.

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6. Considering the facts and circumstances of the case, this Court without going into the merits of the case directs the 1st respondent to consider the petitioner's application dated 23.08.2022 and pass appropriate orders on merits and in accordance with law within a period of six (6) weeks from the date of receipt of a copy of this order.

7. Accordingly, this writ petittion is disposed of. No costs. 12.09.2023 rap Speaking Order : Yes/No Index : Yes/No NCC : Yes/No To 4/6

1. The Commissioner, Employees' Provident Fund Organisation, Ministry of Labour and Employment, Government of India, No.37, Royapettah High Road, Chennai - 600 014.

2. The Divisional Manager, FCI, Division Office, No.8, 4th Floor, Sathyamoorthy Road, Chetpet, Chennai - 600 031.

3. The Manager (DPS Pension), Food Corporation of India, Divisional Office, No.8, 4th Floor, Sathyamoorthy Road, Chetpet, Chennai - 600 031.

M.DHANDAPANI,J 5/6

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