Madras High CourtWP/43275/2016disposed of

A.Rani v. The Commissioner

2016-12-15Honourable Mr Justice M. Sathyanarayanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.12.2016

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.43275/2016 A.Rani ..

Petitioner Vs 1.The Commissioner Greater Chennai Corporation Rippon Buildings, Chennai-600 003.

2.The Regional Deputy Commissioner Greater Chennai Corporation [South] No.115, Dr.Muthulakshmi Salai Adayar, Chennai 600 020.

Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus directing the respondents to consider the representation made by the petitioner on 15.02.2016 and 14.11.2016 and direct the respondents to disburse the payment relating to death cum retirement Gratuity and all other benefits payable on account of the death of G.Arul and also appoint the petitioner on compassionate grounds in the respondent Corporation.

For Petitioner :

Mr.K.S.Viswanathan For Respondents:

Mr.G.Anantha Rangan

ORDER

By consent, the writ petition is taken up for final disposal. Mr.G.Anantha Rangan, learned counsel accepts notice on behalf of the respondents.

The petitioner would state that her husband G.Arul was employed as Assistant Mechanic in the Mechanical Engineering Department in the services of the Corporation of Chennai and he died in harness on 22.06.2015. The petitioner, after the demise of her husband, has submitted a representation dated 15.02.2016 praying for disbursal of all his terminal benefits and followed by a further representation dated 14.11.2016 praying for appointment of her on https://hcservices.ecourts.gov.in/hcservices/

compassionate ground, apart from the settlement of the terminal benefits and since the representations are yet to be responded in favour of her, she came forward to file the present writ petition.

The learned counsel for the petitioner would submit that though one G.Karunakaran, claiming to the brother of the petitioner's husband, has issued a legal notice dated 06.01.2016, claiming that his brother died as a bachelor, his claim is wholly untenable and since the name of the petitioner has been nominated to receive the terminal benefits, there cannot be any impediment on the part of the respondents to consider the petitioner's claim positively.

This Court heard the submissions of Mr.G.Anantha Rangan, learned counsel appearing for the respondents. Though the petitioner has prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioner, directs the respondents to consider and dispose of the petitioner's representations dated 15.02.2016 and 14.11.2016 respectively, on merits and in accordance with law and pass orders within a period of ten weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner. The writ petition stands disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar ap To 1.The Commissioner Greater Chennai Corporation Rippon Buildings, Chennai-600 003.

2.The Regional Deputy Commissioner Greater Chennai Corporation [South] No.115, Dr.Muthulakshmi Salai Adayar, Chennai 600 020.

+1cc to Mr.V.Suthakar, Advocate, S.R.No.73509 +1cc to Mr.G.Anantharangan, Advocate, S.R.No.73257 WP.No.43275/2016 (CO) CS(21/12/2016) https://hcservices.ecourts.gov.in/hcservices/