Sudalaivadivu v. The Chief Engineer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.08.2021
CORAM
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR Sudalaivadivu ... Petitioner Vs.
1.The Chief Engineer, Highways Department, Chennai.
2.The Superindenting Engineer, Highways(C&M), Thoothukudi, Thoothukudi District.
3.The Assistant Divisional Engineer, High Ways(C&M), Srivaikuntam, Thoothukudi District.
4.The Assistant Engineer, High Ways(C&M), Srivaikuntam, Thoothukudi 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 release the petitioner's pensionery benefits and also sanctioned pension to the petitioner, on considering the petitioner's representations dated 17.02.2021 & 25.05.2021. For Petitioner : Mr.A.Gandiappan For Respondents : Mr.S.Shanmugavel
ORDER
This Writ Petition has been filed for the issue of a Writ of Mandamus, to direct the respondents to release the petitioner's pensionery benefits and also sanction pension to the petitioner, on considering the petitioner's representations dated 17.02.2021 & 25.05.2021.
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2. Heard the learned counsel appearing for the petitioner and the learned Government Counsel appearing for the respondents.
3. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.
4. According to the petitioner, the petitioner's husband was working in the fourth respondent's office and after rendering 23 years of service, he was expired on 12.10.2020. The petitioner made representations dated 17.02.2021 & 25.05.2021 to the first respondent to release pensionary benefits payable to her husband. However, no orders have been passed till date. Hence, the present writ petition has been filed before this Court. 5.According to the learned State Government counsel appearing for the respondents, the petitioner's representations were examined by the Assistant Divisional Engineer, the third respondent herein and thereafter, scrutinized by the respondents and has sought some documents from the petitioner. But as of now, the petitioner has not furnished the said documents as required by the respondents vide letter dated 20.07.2020. If such documents are furnished to the respondents, the petitioner's representations will be considered in accordance with law.
6. In view of the above, the petitioner is directed to comply with the requirements as sought for in the communication of the respondents dated 20.07.2020 within a period of two weeks from the date of receipt of a copy of this order and on receiving the same, the third respondent is directed to pass appropriate orders at the earliest possible0 since the representations made by the petitioner for the payment of pensionary benefits, after affording an opportunity of personal hearing to the parties concerned.
7. With the above direction, the writ petition stands disposed of. No costs.
Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) dn To:
1.The Chief Engineer, Highways Department, Chennai.
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2.The Superindenting Engineer, Highways(C&M), Thoothukudi, Thoothukudi District.
3.The Assistant Divisional Engineer, High Ways(C&M), Srivaikuntam, Thoothukudi District.
4.The Assistant Engineer, High Ways(C&M), Srivaikuntam, Thoothukudi District.
+1 CC to M/s.GP ( SR-25885[F] dated 11/08/2021 ) 10.08.2021 RK (17.08.2021) 3P 6C 3/3