Velliayappa, v. The Joint Director Of Medical

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :24.06.2015

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD).No.10276 of 2015 1.Vellayappa 2.Minor Sivasakthi, S/o.Vellayappa Pudukkottai District ... Petitioners Vs The Joint Director of Medical and Rural Health Services, Pudukkottai District-622 001.

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Respondent This Writ Petition has been filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondent to pay the family pension, terminal benefits and other benefits of deceased Chandra Devi, Senior Nurse, Government Head Quarters Hospital, Pudukkottai who died on 20.01.2014 while in service considering the first petitioner's representation dated 17.12.2014. For petitioners : Mr.R.P.Ramachanthiran For respondent : Mr.K.P.Krishnadoss Govt.Advocate

ORDER

This Writ Petition has been filed praying for a Writ of Mandamus directing the respondent to pay the family pension, terminal benefits and other benefits to the first petitioner, on account of the death of his wife, namely, Chandra Devi, worked as Senior Nurse, Government Head Quarters Hospital, Pudukkottai, by considering his representation dated 17.12.2014.

2. Mr.K.P.Krishnadoss, learned Govt.Advocate takes notice for the respondent.

3. By consent, this Writ Petition itself is taken up final disposal.

4. The learned counsel appearing for the petitioner would submit that it would be suffice if the representation of the petitioner is disposed of, by the respondent, on merits and in accordance with law within the time stipulated by this Court.

5. The learned Government Advocate appearing for the respondents would submit that the representation of the petitioner will be considered in accordance with law.

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6. It is claimed by the first petitioner that he is the husband of late.Chandra Devi. However, it is refuted by one Ramani, who instituted a suit in O.S.No.87 of 2014, on the file of the Sub-Court, Pudukkottai District, against this petitioner. Admittedly, there are rival claims. Therefore, without going into the merits of the claim made by the petitioner in this Writ Petition, the respondent is directed to pass appropriate orders on the representation of the petitioner, dated 17.12.2014, followed by a reminder dated 10.04.2015, on merits and in accordance with law, after giving an opportunity of hearing to the petitioner, the said Ramani and other interested parties, if any, within a period of two months from the date of receipt of a copy of this order. With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (Writs) /True Copy/ Sub Assistant Registrar To The Joint Director of Medical and Rural Health Services, Pudukkottai District-622 001.

+1cc to MR.R.P.RAMACHANTHIRAN, Advocate in SR.No. 33576 +1CC THE SPECIAL GOVERNMENT PLEADER, IN SR.NO. 33624 Ssm SR/PPS : 06.07.2015 : 2p/4c W.P(MD).No.10276 of 2015 24.06.2015 https://hcservices.ecourts.gov.in/hcservices/