M.Jeya, W/O.Late.A.Mookaiah v. The Director Of Town

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.10377 of 2019 M.Jeya ... Petitioner Vs.

1.The Director of Town Panchayats, Kuralagam Buildings 4th Floor, Chennai - 600 108.

2.The District Collector, Theni, Theni District.

3.The Director of Local Fund Audit, Finance Department Offices Complex, Behind Veterinary Hospital, Nandanam, Chennai.

4.The Regional Assistant Director of Town Panchayats, Palanichettipost Post, Theni District.

5.The Executive Officer, Selection Grade Town Panchayats, Pannaipuram Post, Uthamapalayam Taluk, Theni District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, directing the respondents 2 to 5 to consider the representations of the petitioner, dated 27.11.2017 and 07.06.2018 and pass appropriate orders for disbursement of family pension to the petitioner in the light of G.O.Ms.No.65, Municipal Administration and Water Supply (Peru.1) Department, dated 14.02.2019, regularizing the service of the petitioner's husband with effect from 25.05.2001 within the period stipulated by this Court.

For Petitioner :

Mr.K.Ponnaiah for M/s.Ajmal Associates For RR 1 to 4 :

Mr.C.M.Mari Chelliah Prabu, Special Government Pleader.

For R - 5 :

Mrs.S.Bharathy, Government Advocate.

ORDER

This writ petition has been filed seeking issuance of a writ of Mandamus, to direct the respondents 2 to 5 to consider the representations of the petitioner, dated 27.11.2017 and 07.06.2018 and pass appropriate orders for disbursement of family pension to the petitioner in the light of G.O.Ms.No.65, Municipal Administration and Water Supply (Peru.1) Department, dated 14.02.2019 and to regularize the service of the petitioner's husband with effect from 25.05.2001 within the period stipulated by this Court.

2.Heard the learned counsel appearing for the petitioner; the learned Special Government Pleader appearing for the respondents 1 to 4 and the learned Government Advocate appearing for the fifth respondent. By consent, the writ petition itself is taken up for final disposal at the stage of admission.

3.The grievance of the petitioner is that seeking family pension in the light of G.O.Ms.No.65, Municipal Administration and Water Supply (Peru.1) Department, dated 14.02.2019 and also to regularize the service of the petitioner's husband with effect from 25.05.2001, the petitioner sent representations to the respondents on 27.11.2017 and 07.06.2018. Such representations are kept pending without there being any orders passed. Therefore, the petitioner is before this Court.

4.The learned respective counsel appearing for the respondents submitted that the petitioner's representations would be considered on merits.

5.In view of the above submission, this Court, without going into the merits of the case, directs the respondents to consider the petitioner's representations, dated 27.11.2017 and 07.06.2018, in the light of G.O.Ms.No.65, Municipal Administration and Water Supply (Peru.1) Department, dated 14.02.2019 and pass appropriate orders on merits and in accordance with law, after due opportunity of hearing to the petitioner. Such an exercise shall be completed within a period of eights weeks from the date of receipt of a copy of this order.

6.The Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS)

To 1.The Director of Town Panchayats, Kuralagam Buildings 4th Floor, Chennai - 600 108.

2.The District Collector, Theni, Theni District.

3.The Director of Local Fund Audit, Finance Department Offices Complex, Behind Veterinary Hospital, Nandanam, Chennai.

4.The Regional Assistant Director of Town Panchayats, Palanichettipost Post, Theni District.

5.The Executive Officer, Selection Grade Town Panchayats, Pannaipuram Post, Uthamapalayam Taluk, Theni District.

+1cc to M/s.AJMAL ASSOCIATES, Advocate, SR.No. 62790 +1cc to M/s.Special Government Pleader,SR.No. 63395 W.P(MD)No.10377 of 2019 26.04.2019 PS KK/SAR/22.05.2019/ 3P- 8C