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Madras High CourtWP/26823/2017disposed of

Mrs.A.Afruse Begum, v. Government Of Tamilnadu

2022-10-19Honourable Mr Justice S.M. Subramaniam6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.10.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM Mrs.A.Afruse Begum

...Petitioner

Vs.

1.Government of Tamil Nadu, Represented by its Secretary, Health and Family Welfare Department, Fort St.George, Chennai - 600 009.

2.The Director, Directorate of Medical and Rural Health Services (ESI) 3.The Deputy Director, Directorate of Medical and Rural Health Services, Kanchipuram.

4.The Hospital Superintendent, ESI Hospital, Ayanavaram, Chennai - 600 023.

5.The Director, Directorate of Medical and Rural Health Services, 1/6

6.The Accountant General of Tamil Nadu(A&E) 361, Anna Salai, Teynampet, Chennai - 600 018. (R6 - Suo motu impleaded vide order dated 17.10.2022 made in W.P.No.26823/2017) ..Respondents Prayer : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd Respondent to take immediate steps for payment of the arrears of pension and retirement benefits to the Petitioner within a time limit to be fixed by this Honourable Court together with interest at the rate of 18% per annum.

For Petitioner : Mrs.Rita Chandrasekaran For R1 to R5 : Mr.U.M.Ravichandran Government Advocate For R6 : No appearance

ORDER

The relief sought for in the present writ petition is for a direction to direct the 2nd Respondent to take immediate steps for payment of the arrears of pension and retirement benefits to the Petitioner within a time limit to be fixed by this Honourable Court together with interest at the rate of 18% per annum.

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2. Pursuant to the order passed by this Court on 17.10.2022, Mr.B.Rajesh, Assistant, ESI Hospital, Ayanavaram, Chennai - 23 is present before this Court today along with the files.

3. The learned Special Government Pleader appearing on behalf of the respondents 1 to 5 made a submission that the terminal and pensionary benefits due to the petitioner has already been settled and the details of settlement of bills of the petitioner has also been submitted before this Court.

4. However, the petitioner is at liberty to verify the correctness of the settlement made and if any grievances exists, she is at liberty to approach the competent authority for the purpose of redressal of the same. If at all any such representation has been made by the petitioner regarding her further grievances, the respondents are bound to consider the same on merits.

5. The impleaded 6th respondent / Accountant General of Tamil Nadu sanctioned the pension. The learned counsel for the petitioner made a submission that the arrears of pension along with the interest is yet to be 3/6

settled. In this regard, if any arrears of pension is to be paid to the writ petitioner, then the same is to be calculated and settled along with the interest as per the Rules and in accordance with law as expeditiously as possible.

6. With these observations, the writ petition stands disposed of. No costs.

19.10.2022 Index : Yes Speaking order:Yes kak To 1.The Secretary, Government of Tamil Nadu, Health and Family Welfare Department, Fort St.George, Chennai - 600 009.

2.The Director, Directorate of Medical and Rural Health Services (ESI) 4/6

3.The Deputy Director, Directorate of Medical and Rural Health Services, Kanchipuram.

4.The Hospital Superintendent, ESI Hospital, Ayanavaram, Chennai - 600 023.

5.The Director, Directorate of Medical and Rural Health Services, 6.The Accountant General of Tamil Nadu(A&E) 361, Anna Salai, Teynampet, Chennai - 600 018.

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S.M.SUBRAMANIAM, J.

kak 19.10.2022 6/6