Palaniammal. K v. The Chairman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.04.2024

CORAM

THE HONOURABLE MS JUSTICE R.N.MANJULA K.Palaniammal ... Petitioner Vs.

1.The Chairman, Tamil Nadu Generation and Distribution Corporation, (TANGEDCO), No.144, Anna Salai, Chennai.

2.The Internal Audit Officer (Pension), Tamil Nadu Generation and Distribution Corporation, (TANGEDCO), Audit Branch, No.144, Anna Salai, Chennai.

3.The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation, (TANGEDCO), Trichy Electricity Distribution Taluk / Corporation, Trichy.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the second respondent to sanction the Family Pension to the petitioner in the light of the communications of the second respondent dated 07.07.2022 and the third respondent dated 27.07.2022 based on the representation of the petitioner dated 26.09.2022 submitted to the third respondent within a time frame as fixed by this Court. 1/5

For Petitioner : Mr.B.Prahalad Ravi For Respondents : Mr.B.Ramanathan Standing Counsel

O R D E R

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

2. This Writ Petition has been filed seeking direction against the second respondent to sanction the Family Pension to the petitioner in the light of the communications of the second respondent dated 07.07.2022 and the third respondent dated 27.07.2022. The petitioner herein had also given a representation to the third respondent on 26.09.2022. Since the said representation was not considered, the present writ petition has been filed.

3. It is needless to point out whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty. The failure on the part of the authority had prompted the petitioner to file this petition for seeking relief through issuance 2/5

of Writ of Mandamus. As the petitioner has made out a case for invoking the extraordinary powers of this Court under Article 226 of the Constitution of India, the respondents are required to be given with direction to consider the representation of the petitioner within a specified time frame.

4. In the light of the above observations, there shall be a direction to the petitioner to file a fresh representation before the second respondent herein within a period of four weeks from the date of receipt of a copy of this order. On receipt of the same, the second respondent is directed to consider the petitioner's representation on its own merits and pass appropriate orders in accordance with law, within a period of four weeks therefrom. It is made clear that this Court has not expressed any of its views with regard to the merits of the claim of the petitioner and that it is open to the concerned respondent to consider the same on its own merits.

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

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To:

1.The Chairman, Tamil Nadu Generation and Distribution Corporation, (TANGEDCO), No.144, Anna Salai, Chennai.

2.The Internal Audit Officer (Pension), Tamil Nadu Generation and Distribution Corporation, (TANGEDCO), Audit Branch, No.144, Anna Salai, Chennai.

3.The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation, (TANGEDCO), Trichy Electricity Distribution Taluk / Corporation, Trichy.

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R.N.MANJULA, J.

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