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Madras High CourtWP/35549/2024disposed of

M.Santhi v. The Superintending Engineer

2024-11-28Honourable Mrs Justice V.Bhavani Subbaroyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.11.2024

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.35549 of 2024 M. Santhi

...Petitioner

Vs The Superintending Engineer, Tangedco, T.N.E.B Chennai Electricity Distribution Circle, South-1, K.K. Nagar, Chennai - 600 078.

...Respondent

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to sanction Family Pension to the petitioner from 02.04.2021 and to pass orders. For Petitioner : Mr. S.T. Varadarajalu For Respondent : Mr.David Sundar Singh Standing Counsel

ORDER

By consent of learned counsel on either side, this writ petition is taken up for final disposal at the stage of admission itself. 1/4

2. This petition is filed seeking to issue a Writ of Mandamus directing the respondent to sanction Family Pension to the petitioner from 02.04.2021 and pass orders.

3. The case of the petitioner is that the husband of the petitioner/Manoharan is a retired employee from the Respondent/Board. He passed away on 01.04.2021. After the demise of the Manoharan the petitioner applied for family pension. The grievance of the petitioner is that due to the wrong entry in the legal heir certificate, family pension was denied. Thereafter, she applied for widow certificate and made a representation to the respondent on 20.03.2024 seeking family pension and the same was not considered till date. Hence, this petition.

4. The learned counsel for the petitioner submitted that it would be suffice if this Court issues a direction to the respondents to consider petitioner's representation dated 20.03.2024 and pass orders. 2/4

5. The learned Standing Counsel appearing for the respondents submits that they will consider the case of the petitioner on merits and in accordance with law.

6. Considering the facts and circumstances of the case and the limited relief sought for by the petitioner, this Court, without expressing any opinion on the merits of the case, directs the respondent to consider the petitioner's representation dated 20.03.2024 after conducting an enquiry by affording reasonable opportunity of hearing to the petitioner and pass orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. The petitioner is directed to co-operate with the respondents and produce all the available documents to establish her case.

7. With the above observations this writ petition stands disposed of. No order as to costs.

28.11.2024 Index:Yes/No Speaking order/Non-speaking order smn 3/4

V.BHAVANI SUBBAROYAN,J.

smn To.

The Superintending Engineer, Tangedco, T.N.E.B Chennai Electricity Distribution Circle, South-1, K.K. Nagar, Chennai - 600 078.

W.P.No.35549 of 2024 28.11.2024 4/4