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Madras High CourtWP(MD)/5007/2015disposed of

S.Ramalakshmi v. The Chairman Cum Managing

2019-04-02Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:02.04.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.5007 of 2015 S.Ramalakshmi ... Petitioner vs.

The Chairman cum Managing Director Tamil Nadu Civil Supplies Corporation No.12, Thambusamy Road, Kilpauk, Chennai-10.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent to pay the "Promotion Monetary Benefits" entitled by the petitioner's husband Late Srinivasan who was promoted as Superintendent on 25.11.2002 with effect from the year 1985 till his retirement i.e. on 31.07.2005 as per the Revised Panel List dated 24.10.2002 with interest and also in pursuance of the representations dated 04.03.2014 and 11.02.2015 and thus render justice.

For Petitioner : Mr.V.Sitharanjandas For Respondents : Mr.D.Mayarajan

ORDER

The Writ Petition has been filed seeking a direction to the respondent to pay the "Promotion Monetary Benefits" entitled by the petitioner's husband Late Srinivasan who was promoted as Superintendent on 25.11.2002 with effect from the year 1985 till his retirement i.e. on 31.07.2005 as per the Revised Panel List dated 24.10.2002 with interest and also in pursuance of the representations dated 04.03.2014 and 11.02.2015.

2. Heard the learned Counsel appearing for the petitioner and Mr.D.Mayarajan, learned counsel appearing for the respondent.

3. The case of the petitioner is that her husband viz., R.Srinivasan was employed in Tamil Nadu Civil Supplies Corporation. According to the seniority list, her husband ought to have been promoted as Superintendent in the year 1985, but, he was promoted to that post only on 25.11.2002. Thereafter, by virtue of the order of this Court in W.P.No.8709 of 1999, seniority list was revised. On the basis of the revised panel list, except her husband, all the affected employees were given promotion as Superintendent with monetary benefits. While so, her husband retired from service on https://hcservices.ecourts.gov.in/hcservices/

31.07.2005. Thereafter, he died on 30.10.2013. After his death, the petitioner viz his wife, made repeated representations to the respondent on 04.03.2014 and 11.02.2015 seeking promotion and monetary benefits due to her husband. Since there was no response, the present writ petition has been filed.

4.The learned counsel for the respondent submitted that the representations of the petitioner, would be considered by the respondent, on merits.

5.In view of the above submission made by the learned counsel for the respondent, this Court directs the respondent to pass appropriate orders, on the representations of the petitioner, on merits and as per law, after giving opportunity of hearing to the petitioner. The said exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. 6.The Writ Petition stands disposed of with the above direction. No costs.

Sd/- Assistant Registrar (CS-II) / True Copy / Sub Assistant Registrar(CS) Vs To The Chairman cum Managing Director Tamil Nadu Civil Supplies Corporation No.12, Thambusamy Road, Kilpauk, Chennai-10.

+1 CC to M/s.V.SITHARANJANDAS, Advocate ( SR-58429[F] dated 02/04/2019 ) +1 CC to M/s.D.MAYARAJAN, Advocate ( SR-58440[F] dated 02/04/2019) W.P(MD) No.5007 of 2015 02.04.2019 ES/DS/02.05.2019/2P/4C https://hcservices.ecourts.gov.in/hcservices/