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Madras High CourtWP(MD)/3718/2019disposed of

P.Gnanakkan, v. The Secretary,

2019-02-28Honourable Mr Justice Abdul Quddhose2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2019

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.3718 of 2019 P.Gnanakkan ... Petitioner Vs

1. The Secretary, Tamil Nadu Physically Employee Social Welfare & Board, Chennai-102.

2. The Labour Assistant Commissioner, Social Welfare Scheme, Trichy-20.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the second respondent to issue the petitioner renewal identity card and provide pension under the Tamil Nadu Physically Employee Social Welfare Scheme based on the petitioner's representation dated 04.02.2019 within a stipulated time fixed by this Hon'ble Court.

For Petitioner : Mr.S.Gopala Manikandan For Respondents : Mr.D.Muruganantham Additional Government Pleader.

ORDER

The instant writ petition has been filed for mandamus to direct the second respondent to issue the petitioner renewal identity card and provide pension under the Tamil Nadu Manual Social Security Welfare Scheme, 2006, based on the petitioner's representation dated 04.02.2019 within a stipulated time to be fixed by this Court. 2.It is the case of the petitioner that he is a Tailor and he obtained an identity card from the Tamil Nadu Tailoring Employee Welfare Board, which was issued on 21.01.2010. It is his case that he has submitted an application for renewal, after the validity of the identity card got expired. Despite approaching the second respondent several times, till date his identity card has not been renewed.

It is the case of the petitioner that he has completed the age of 60 years and he is eligible for pension under the Tamil Nadu Manual Social Security Welfare Scheme. Therefore, he gave a representation on 04.02.2019 to the second respondent annexing photocopy of the identity card issued by the Tamil Nadu Tailoring Employees Welfare Board on 21.01.2010 requesting the second respondent to renew his identity card as well as to grant pension to him in accordance with the Tamil Nadu Manual Social Security and Welfare Scheme. According to the petitioner, till date the said representation has not been dully considered by the second https://hcservices.ecourts.gov.

respondent. In such circumstances, the instant writ petition has been filed.

3.Heard Mr.S.Gopala Manikandan, learned counsel appearing for the petitioner and Mr.D.Muruganantham, learned Additional Government Pleader appearing for the respondents.

4.Admittedly, in the instant case the petitioner got an identity card on 21.01.2010 issued by the Tamil Nadu Tailoring Employee Welfare Board. Admittedly, he is also a tailor and it is his case that he sought for renewal of identity card, which got expired. It is his case that till date, despite several requests, the identity card has not been renewed by the second respondent. Further, he is entitled for pension under the Tamil Nadu Manual Social Security and Welfare Scheme, since he attained the age of 60 years. Therefore, he has given a representation dated 04.02.2019 to the second respondent requesting him to renew the identity card as well as to pay pension as per the aforesaid scheme. Till date the said representation has not been considered.

5.Therefore, this Court directs the second respondent to consider the representation of the petitioner dated 04.02.2019 seeking for renewal of identity card as well as for the grant of pension, in accordance with law under the Tamil Nadu Manual Social Security and Welfare Scheme, within a period eight weeks from the date of receipt of a copy of this order.

6.With the aforesaid directions, this Writ Petition is disposed of. No costs.

sd/ Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To

1. The Secretary, Tamil Nadu Physically Employee Social Welfare & Board, Chennai-102.

2. The Labour Assistant Commissioner, Social Welfare Scheme, Trichy-20.

+1 CC to MR.S.GOPALAMANIKANDAN, Advocate ( SR-50619[F] dated 28/02/2019 ) +1 CC to SPL GP ( SR-50950[F] dated 01/03/2019 ) W.P.(MD)No.3718 of 2019 28.02.2019 CP MK (26.03.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/