Madras High CourtWP(MD)/1979/2017disposed of

I.Elizibai, v. Director Of Social Welfare

2017-03-08Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.03.2017 CORAM :

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P(MD)No.1979 of 2017 I.Elizibai ... Petitioner vs.

1.Director of Social Welfare (Administration), Chennai - 32.

2.The District Social Welfare Office, Tuticorin District.

3.The Commissioner, Sathankulam Panchayat Union, Tuticorin District.

..Respondents Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus directing the respondents to disburse the provident fund, Earned leave, Death cum retirement Gratuity and other retirement benefits along with 18% interest and to pay the regular pension by considering the petitioner's representation dated 03.10.2016 with in a time frame that may be fixed by this Court.

For Petitioner : Mr.S.C.Herold Singh For R1 & R2 : Mr.J.Gunaseelan Muthiah Government Advocate For R3 : Mr.S.Sathish kumar

ORDER

Though this Writ Petition is filed for issuance of a Writ of Mandamus directing the respondents to disburse the provident fund, Earn leave, Death cum retirement Gratuity etc., the learned counsel appearing for the petitioner submitted that the petitioner will be satisfied, if this Court gives a direction to the respondents to consider the representation of the petitioner dated 03.10.2016 and 04.10.2016 within a time frame that may be fixed by this Court.

https://hcservices.ecourts.gov.in/hcservices/ 2.Heard the learned Counsel appearing for the petitioner

and the learned Government Advocate appearing for the respondents. 3.The learned Government Advocate appearing for the respondents though filed a counter, has also pointed out that pension proposals has already been sent, however, with delay and that there are other issues relating to the merits of the petitioner's claim.

4.Considering the nature of dispute and the facts submitted, without expressing any opinion on the merits of the case, this Court is inclined to pass orders with the following direction:

The first respondent is directed to consider the representations of the petitioner dated 03.10.2016 and 04.10.2016 on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this Court.

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

Sd/- Assistant Registrar(C) /True Copy/ Sub Assistant Registrar SRM To 1.The Director of Social Welfare (Administration), Chennai - 32.

2. The District Social Welfare Office, Tuticorin District.

3. The Commissioner, Sathankulam Panchayat Union, Tuticorin District.

+1cc to Mr.S.C.Herold Singh, Advocate Sr.No. 13247 +1cc to Spl.Government Pleader Sr.No. 13440 JAM/20.03.17 /BS/ 2p-6c W.P(MD)No.1979 of 2017 08.03.2017 https://hcservices.ecourts.gov.in/hcservices/