Maheswari v. The Agricultural Production

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.07.2018

CORAM:

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.16181 of 2018 Maheswari ... Petitioner Vs.

1) The Agricultural Production Commissioner and Secretary to Government, Agriculture Department, Secretariat, Chennai 600 009

2) The Commissioner of Horticulture and Plantation Crops, Chepauk, Chennai 600 005 ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing respondents to disburse the petitioner's husband Tamilvanan's service monetary benefits by considering the petitioner's representation dated 19.02.2018 within stipulated time.

For Petitioner : Mr.T.A.Ebenezer For Respondents : Mr.M.Murugan, Government Advocate.

O R D E R

The prayer sought for in this Writ Petition is for a Writ of Mandamus directing the respondents to disburse the petitioner's husband/Tamilvanan's service monetary benefits, by considering the petitioner's representation dated 19.02.2018 within the stipulated time.

2. Heard Mr.T.A.Ebenezer, learned counsel appearing for the petitioner and Mr.M.Murugan, learned Government Advocate appearing for respondents.

3. Learned counsel appearing for the petitioner would submit that, the petitioner's husband was working as Horticulture Officer, against whom, disciplinary proceedings was initiated and the same was pending. In view of the said disciplinary proceedings pending against him, the service benefits have not been disbursed to him. While so, the said employee died on 25.01.2017. Consequent to the death of the petitioner's husband, the respondent Department / Government issued a Government Order in G.O.(3D) No.161, Agriculture (AA7) Department dated 02.06.2017, declaring that, due to the death of the said Tamilvannan on 25.01.2017, the disciplinary proceedings pending against him, as per the charge memo dated 17.12.2007, becomes abated.

4. Though the disciplinary proceedings initiated against the petitioner's husband became abated, as it has been declared by the Government Order in G.O.(3D) No.161, Agriculture (AA7) Department dated 02.06.2017, the petitioner's husband's retirement benefits and also the pensionary benefits as well as the family pension benefits have not been disbursed and therefore, in this regard, the petitioner has made a request on 19.02.2018 to the respondent Department and the said representation is not, so far, considered by the respondents and therefore, the petitioner is before this Court with the present Writ petition.

5. Learned counsel appearing for the petitioner would submit that, if a direction is issued to consider the representation of the petitioner dated 19.02.2018 on merits and in accordance with law and if an order to that effect is directed to be passed within a time frame that may be fixed by this Court, the petitioner would be satisfied.

6. I have heard Mr.M.Murugan, learned Government Advocate, appearing for the respondents, who would submit that, in view of the declaration made by the Government in G.O.(3D) No.161, Agriculture (AA7) Department, dated 02.06.2017, that the disciplinary proceedings initiated against the petitioner's husband became abated, consequently, upon the death of the husband of the petitioner, the said request made by the petitioner would be considered on merits and an order to that effect will be passed within a time frame that may be fixed by this Court.

7. Considering the said factual matrix of the case and taking into account, the submissions made by both sides, this Court is inclined to pass the following orders:- "that the petitioner's representation dated 19.02.2018 shall be considered by the respondents in the light of the G.O.(3D) No.161, Agriculture Department dated 02.06.2017 and pass orders thereon, with regard to the disbursement of monetary and other benefits of the petitioner's husband and such orders shall be passed within a period of six weeks from the date of receipt of a copy of this order."

8. With this direction, this Writ Petition is disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar

To

1) The Agricultural Production Commissioner and Secretary to Government of Tamil Nadu, Agriculture Department, Secretariat, Chennai 600 009

2) The Commissioner of Horticulture and Plantation Crops, Chepauk, Chennai 600 005.

+1cc to M/S.T.A.Ebenezer, Advocate SR.No. 74622 +1cc to Special Government Pleader, SR.No. 74698 Order made in W.P.(MD)No.16181 of 2018 sts JM/RP/SAR 2/07.08.2018/3P/5C