Madras High CourtWP(MD)/6714/2019disposed of

N.Poomayil , v. The Chief Educational Officer

2019-03-21Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.03.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.6714 of 2019 N.Poomayil ... Petitioner Vs.

1.The Chief Educational Officer, Collectorate Complex, Ramanathapuram - 623 503.

2.The District Educational Officer, Mandapam Educational District, District Educational Office, Ramanathapuram - 623 501.

3.The Assistant Educational Officer, Mandapam Block, Mandapam Camp - 623 519, Ramanathapuram Taluk, Ramanathapuram 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 ie., the Chief Educational Officer, Ramanathapuram, the District Educational Officer, Ramanathapuram and the Assistant Educational Officer, Mandapam Block, Mandapam to consider the petitioner's representation, dated 03.09.2018 in the proper perspective based on the fact that she was fully dependant on him and she is entitled to a share from the DCRG of her deceased son, within the specified time fixed by this Court. For Petitioner :

Mr.S.Visvalingam For Respondents :

Mrs.S.Srimathy, Special Government Pleader.

ORDER

This writ petition has been filed seeking issuance of a writ of Mandamus, to direct the respondents to consider the petitioner's representation, dated 03.09.2018, within the specified time fixed by this Court.

2. Heard Mr.S.Visvalingam, learned Counsel appearing for the petitioner and Mrs.S.Srimathy, learned Special Government Pleader, who takes notice for the respondents. By consent, the Writ Petition is taken up for disposal at the admission stage itself. 3.The case of the petitioner is that her son, who was working as Secondary Grade Teacher, Alagankulam, expired on 09.04.2018 while he was in service. Though her daughter-in-law is entitled to family pension, the petitioner is also entitled to a share in the DCRG of her deceased son. Claiming the same, she sent a representation to the respondents on 03.09.2018. Since the same has not been considered so far, the petitioner has approached this Court by filing this writ petition.

4. The learned Special Government Pleader appearing for the respondents submitted that the representation of the petitioner would be considered on merits.

5. Considering the limited nature of the relief sought for by the petitioner, this Court, without going into the merits of the case, directs the respondents to consider the representation of the petitioner dated 03.09.2018, seeking share in the DCRG of her deceased son and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to the petitioner as well as any of the interested parties, within a period of eight weeks from the date of receipt of a copy of this order.

6.With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) To 1.The Chief Educational Officer, Collectorate Complex, Ramanathapuram - 623 503.

2.The District Educational Officer, Mandapam Educational District, District Educational Office, Ramanathapuram - 623 501.

3.The Assistant Educational Officer, Mandapam Block, Mandapam Camp - 623 519, Ramanathapuram Taluk, Ramanathapuram District.

+1 CC to M/s.S.VISVALINGAM, Advocate ( SR-55564[F] dated 21/03/2019 ) +1 CC to M/s.SPL GP ( SR-56259[F] dated 25/03/2019 ) ps W.P(MD)No.6714 of 2019 21.03.2019 KM/(12.04.2019) 3P 6C