Madras High CourtWP/42766/2016disposed of

Smt.K.Shenbagam, v. The Govt. Of Tamil Nadu,

2016-12-07Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.12.2016

CORAM

THE HON'BLE Mr. JUSTICE M.SATHYANARAYANAN W.P.No. 42766 of 2016 K.Shenbagam

...Petitioner

-Vs1. The Government of Tamil Nadu, rep. by the Secretary to Government, Municipal Administration & Water Supply Department, Fort St.George, Chennai - 600 009.

2. Corporation of Greater Chennai, Rep. by its Commissioner, Park Town, Chennai - 600 003.

3. Assistant Commissioner, Corporation of Greater Chennai, Zone -14, Ullagaram - Puzhidivakkam, Chennai - 600 091.

...Respondents

This petition is filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing the respondents 2 and 3 to consider and dispose of the petitioner's representation dated 08.09.2016 and sanction family pension to the petitioner with arrears of pension within a time frame.

For Petitioner : Mr.K.M.Ramesh For Respondents : Mr.R.A.S.Senthilvel, Addl.Govt.Pleader for R1 Mr.G.Anantharangan for R2 and R3

O R D E R

By consent, the writ petition is taken up for final disposal. Mr.R.A.S.Senthilvel, learned Additional Government Pleader accepts notice on behalf of the first respondent and Mr.G.Anantharangan, accepts notice on behalf of the second and third respondents.

2. The petitioner would state that she is the legally wedded wife of late M.Kannadasan whose name was sponsored by Employment Exchange and was issued with an order of appointment dated 05.11.1999 by Pallikaranai Town Panchayat as Sanitary Worker with consolidated wages of Rs.900/- per month as per G.O.No.84 Municipal Administration and Water Supply Department dated 21.05.1998. The petitioner would further state that in terms of G.O.(Ms)No.60, Panchayat Department dated 23.06.2006, the services of her husband was regularised in the sanctioned post and he was paid the time scale of pay of Rs.2550-55-266060-3200 and according to the petitioner, though her husband was entitled for regularisation on completion of three years of service, in terms of G.O.No.84, Municipal Administration & Water Supply Department dated 21.05.

1998, his service was regularised only with effect from 23.06.2006. It is further stated by the petitioner that her husband died due to illness on 03.10.2013. Subsequently, the Pallikaranai Town Panchayat got merged with Corporation of Chennai and all the erstwhile employees of the local bodies have become the employees of Corporation of Chennai. A new pension scheme was introduced with effect from 01.04.2003 by virtue of G.O.Ms.No.259 dated 06.08.2003 and it was not made applicable to the husband of the petitioner for the reason that her husband was appointed as early as on 13.11.1998 and regularised by virtue of G.O.Ms.No.60 Panchayat Department dated 23.06.2006.

3. Learned counsel for the petitioner would submit that the husband of the petitioner, after completion of 7 years of service, died and as such Rule 49(2) of the Tamil Nadu Pension Rules will apply.

In this regard, she submitted a representation to the 2nd and 3rd respondents claiming Family Pension and it has not been considered. It is further submitted by the learned counsel for the petitioner that the claim of the petitioner for Family Pension under the Old Pension Scheme is fully covered by the judgement rendered by the Division Bench of this Court in W.A.(MD) No.1026 of 2015 dated 30.09.2015. He would further submit that in similar facts and circumstances, this Court has disposed of W.P.No.12548 of 2015 filed by A.Murugan, by order dated 23.07.2015 and prays for appropriate orders.

4. This Court heard the submission of the learned counsel for the petitioner, Mr.R.A.S.Senthilvel, learned Additional Government Pleader appearing for the first respondent in W.P.No.42766 of 2016 and Mr.G.Anantharangan, learned counsel appearing for the second and third respondents.

5. Though the petitioner prays for larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the claim made by the petitioner, directs the 2nd and 3rd respondents to consider and

dispose of the petitioner's representation dated 08.09.2016 on merits and in accordance with law and pass orders within a period of twelve weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner. The writ petition is disposed of accordingly. No costs. Sd/- ASST. REGISTRAR /TRUE COPY/ SUB ASST. REGISTRAR To

1. The Secretary to Government, Municipal Administration & Water Supply Department, Fort St.George, Chennai - 600 009.

2. The Commissioner, Corporation of Greater Chennai, Park Town, Chennai - 600 003.

3. Assistant Commissioner, Corporation of Greater Chennai, Zone -14, Ullagaram - Puzhidivakkam, Chennai - 600 091.

+1 cc to Govt. Pleader, SR.NO.72227/16 +1 CC TO Mr.K.M.Ramesh, Advocate SR.NO. 72041/16 +1 cc to M/S.G.Anantharangan, Advocate SR.NO. 71947/16 W.P.No.42766 of 2016 MMP 04.01.2017 CO(AK)