Anusuyadevi v. The Managing Director

W.P(MD).No. 15774 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P(MD).No. 15774 of 2019 Anusuyadevi : Petitioner Vs.

1. The Managing Director, Tamil Nadu State Transport Corporation Kumbakonam Limited, No.27, Railway Station Road, Kumbakonam - 612 001, Thanjavur District.

2. The General Manager, Tamil Nadu State Transport Corporation Kumbakonam Limited, Maruthupathi, Managiri Road, Karaikudi - 630 307, Sivagangai District.

: Respondents PRAYER : This Writ Petition is filed under Article 226 of the Constitution of India for issuing a Writ of Mandamus, directing the respondents to disburse all terminal and death benefits of the petitioner's father namely Karuppaiah S/o.Muniyandi, Conductor, Roll No.16230/95CR3045 died on 18.04.2019 in the course of employment under the second respondent, by including the petitioner's name in the service register of the petitioner's father on the basis of the petitioner's representation, dated 27.06.2019, on the file of the respondents.

For Petitioner : Mr.K. Sanjai Gandhi For Respondents : Mr.D. Sivaraman, Standing counsel.

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ORDER

The writ petition has been filed seeking for a direction to the respondents to disburse all terminal and death benefits of the petitioner's father and by including the petitioner's name in the service register of the petitioner's father on the basis of the petitioner's representation, dated 27.06.2019.

2. Mr. D. Sivaraman, learned Standing Counsel takes notice for the respondents. By consent of both parties, the instant writ petition is taken up for final disposal at the stage of admission itself.

3. According to the petitioner her father was initially appointed as Conductor on 10.06.1994 and he died on 18.04.2019 while https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD).No. 15774 of 2019 in service. The petitioner is a physically challenged girl and her name was not included in the service register of her father. The petitioner's family members are entitled for the terminal and death benefits of her deceased father. The petitioner's mother has approached the second respondent for the terminal benefits along with the relevant documents and submitted the same to the second respondent on 13.06.2019. The second respondent and his officials orally informed that the petitioner's name not found in the service register of the petitioner's father and hence, she gave a representation to the respondents on 27.06.2019 to include her details in the service register of the petitioner's father along with relevant records, but no steps was taken by the respondents. Aggrieved over the same, the instant writ petition is filed.

4. Though this petition has been filed seeking for a positive direction to the respondents, according to the learned counsel appearing for the petitioner, the petitioner is satisfied, if a direction is issued to the respondents, to consider the representation of the petitioner, within the time as fixed by this Court.

5. The learned Standing Counsel appearing for the respondents has submitted that the representation of the petitioner will be considered on merits, within a reasonable period.

6. Having regard to the limited scope of the prayer, that is now sought before this Court by the learned counsel appearing for the petitioner, this Court, directs the second respondent to consider the petitioner's representation, dated 27.06.2019, after providing sufficient opportunities to the parties concerned on merits and in accordance with law, and pass necessary orders, within a period of Twelve (12) weeks, from the date of receipt of copy of this order,

7. With the above directions, this Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) +1 CC to M/s.K. SANJI GANDHI, Advocate SR-83511. W.P(MD).No. 15774 of 2019 26.08.2019 CS(30.09.2019) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2