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Madras High CourtWP(MD)/2091/2018allowed

S.Vellaiammal, v. The Commissioner,

2018-03-08Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 08.03.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.2091 of 2018 S.Vellaiammal ... Petitioner Vs.

1.The Commissioner, O/o,the Town Planning Commissioner, 807, Anna Salai, Chennai - 600 002.

2.The Member Secretary, Local Town Planning Authority, Dindigul Local Planning Authority, No.5, Thiruvalluvar Nagar, 7th Cross Street, Spenser Compound, Dindigul - 624 003.

3.The Accountant General, (Accounts and Entitlements), Tamil Nadu, No.361, Anna Salai, Teynampet, Chennai - 600 018.

... Respondents (3rd respondent is suo motu impleaded vide order dated 08.03.2018) Prayer : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the respondents to sanction the petitioner's husband Late.K.Subramanian's retirement benefits and arrears of amount and family pension and arrears with interest within the stipulated time. For Petitioner : Mr.M.Saravanakumar For Respondents : Mr.J.Gunaseelan Muthaiah, Addl.Govt.Pleader for RR1, 2 Mr.P.Gunasekaran for R3

ORDER

The Accountant General, (Accounts and Entitlements), Tamil Nadu, No.361, Anna Salai, Teynampet, Chennai - 600 018 is suo motu impleaded as third respondent in this writ petition. 2.Mr.J.Gunaseelan Muthaiah, learned Additional Government Pleader takes notice for the first and second respondents and Mr.Gunasekaran, learned counsel takes notice for the third respondent.

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3.By consent of both parties, the writ petition is taken up for final disposal.

4.The petitioner's husband was working as a Selection Grade Office Assistant in the office of the second respondent. He passed away on 17.04.2013. But, till date, the petitioner has not been disbursed with the family pension and other benefits. Therefore, this writ petition has been filed.

5.When the matter was taken up for disposal, counter affidavit was filed on the side of the second respondent submitting that proposals have been submitted in this regard to the third respondent and orders are awaited. The third respondent is directed to pass orders within a period of four weeks from the date of receipt of a copy of this order immediately. Upon receipt of sanction order from the third respondent, pensionary and all other benefits payable to the petitioner will be disbursed within a period of eight weeks thereafter.

6.This writ petition stands allowed. No costs. Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To 1.The Commissioner, O/o,the Town Planning Commissioner, 807, Anna Salai, Chennai - 600 002.

2.The Member Secretary, Local Town Planning Authority, Dindigul Local Planning Authority, No.5, Thiruvalluvar Nagar, 7th Cross Street, Spenser Compound, Dindigul - 624 003. 3.The Accountant General, (Accounts and Entitlements), Tamil Nadu, No.361, Anna Salai, Teynampet, Chennai - 600 018.

+1cc to M/S.P.Gunasekaran, Advocate SR.No. 54063 +1cc to M/S.M.Saravanakumar, Advocate SR.No. 54039 +1cc to Special Government Pleader, SR.No. 54338 W.P(MD)No.2091 of 2018 08.03.2018 https://hcservices.ecourts.gov.in/hcservices/ SKM JM/SKN RSK/SAR 2/12.03.2018/2P/7C