Jayachitra.A v. The Director Of Health And Rural Welfare

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.07.2023

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI A.Jayachitra ... Petitioner Vs.

1.The Director of Health and Rural Welfare, Office of the Director of Health and Rural Welfare, Chennai-600 006.

2.The Accountant General (A&E), 361, Anna Salai, Chennai-600 018.

3.The Assistant Director, Trichirappalli.

4.The Deputy Director, Perambalur, Perambalur District.

5.The Block Health Officer, Government Primary Health Centre, T.Palur, Perambalur District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to 1/6

disburse the gratuity, full pension and other attendant benefits due to the petitioner on the death of her husband R.Anbu Thathuvasamy with interest to the petitioner by considering her representation, dated 01.03.2023. For Petitioner : Mr.C.Saravanakumar For R-1, R-3 to R-5: Mr.D.S.Neduncheliyan Government Advocate For R-2 : M/s.S.Mahalakshmi Standing Counsel

ORDER

The present writ petition has been filed seeking direction to the respondents to disburse the gratuity, full pension and other attendant benefits due to the petitioner on the death of her husband R.Anbu Thathuvasamy with interest to the petitioner by considering her representation, dated 01.03.2023.

2. Heard the learned Counsel for the petitioner, the learned Government Advocate for the respondents 1, 3 to 5 and the learned Standing Counsel for the second respondent and carefully perused the materials available on record.

3. The petitioner's husband one late R.Anbu Thathuvasamy was appointed as Junior Assistant on compassionate ground in Primary Health Centre, Kelapalur, Perambalur vide proceedings of the third respondent, dated 2/6

17.09.1992. After the bifurcation of Perambalur District, the Primary Health Centre, Kelapalur came under the control of the fourth respondent. While so, the petitioner's husband died on 29.09.2002 having served for a period of ten years and twelve days under the fourth respondent. He was survived by the petitioner and his minor daughter one A.Pavithra. Inspite of the petitioner's repeated request to disburse the death benefits of the petitioner's husband, the respondents failed to take effective steps to disburse the same. The second respondent even after a lapse of four years had returned the application. However, in the meanwhile, the petitioner made an application seeking to revise the pension and that application was pending before the second respondent. Thereafter, it was forwarded to the second respondent by the first respondent and the same is pending before the second respondent for adjudication.

4. However, the learned Standing Counsel for the second respondent would submit that the said representation for revised pension would be considered within a period of twelve (12) weeks from the date of receipt of a copy of this order.

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5. Hence, this Court is inclined to direct the respondents to consider the petitioner's representation, dated 01.03.2023 and pass necessary orders in accordance with law within a period of twelve (12) weeks from the date of receipt of a copy of this order.

6. This writ petition stands disposed of, accordingly. There shall be no order as to costs.

25.07.2023 NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The Director of Health and Rural Welfare, Office of the Director of Health and Rural Welfare, Chennai-600 006.

2.The Accountant General (A&E), 361, Anna Salai, Chennai-600 018.

3.The Assistant Director, Trichirappalli.

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4.The Deputy Director, Perambalur, Perambalur District.

5.The Block Health Officer, Government Primary Health Centre, T.Palur, Perambalur District.

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L.VICTORIA GOWRI, J.

BTR 25.07.2023 6/6