S.Pushpam, W/O.V.Srinivasan v. The Chief Accountant General

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.08.2016

CORAM:

THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.14358 of 2016 S.Pushpam : Petitioner Vs.

1.The Chief Accountant General(A&E) Tamilnadu, Revision Section, Mount Road, Chennai - 600 018.

2.The Joint Registrar, Cooperative Society, Finance and Banking Registration Office, For Cooperative Society, 170, Periyar E.Ve.Ra.High Road, Keelpakkam, Chennai - 600 010.

3.The General Manager, Chennai Central Co-operative Bank Ltd., 215, Prahasam Road, Chennai - 600 108.

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to disburse the terminal benefits, EPF, Gratuity etc, pension arrears, pension of the petitioner's son S.Mathivanan (Employee No.491), who was employee of 3rd respondent, to the petitioner within a stipulated time by considering the petitioner's representation, dated 17.05.2016.

For petitioner :M/s.S.Devasena For R-1 :Mr.P.Gunasekaran For R-2 & R-3 :Mr.T.R.Janarthanam, Additional Government Pleader

O R D E R

The Petitioner Mrs.S.Pushpam, wife of late.V.Srinivasan, has filed this Writ Petition under Article 226 of the Constitution of India, seeking for issuance of a Writ of Mandamus, directing the

respondents to disburse the terminal benefits, EPF, Gratuity, pension arrears etc., of her son Mr.S.Mathivanan, who served in the office of the third respondent (Employee No.491) and died on 25.09.2012 due to his illness, without getting married.

2. It is claimed that the petitioner's son after working in the office of the third respondent for more than 19 years, had sent a requisition letter for Voluntary Retirement in the year 2008 and his requisition was also accepted by the third respondent vide proceedings, dated 02.08.2008 and he was allowed to retire from his service on 30.06.2008. Thereafter, on 25.09.2012, he died due to illness, without getting married. Further, the husband of the petitioner also died on 25.06.2009. Since, retirement benefits of the petitioner's son, has not been disbursed till date, the petitioner has been continuously making representations and the final representation was made on 17.05.2016. Since the representation of the petitioner was not considered so far, the petitioner has come to this Court with the aforesaid prayer.

3. Since the first respondent at this point of time is not the necessary party and he is only a pro-forma respondent, this Court considering the plight of the petitioner as she is left as an orphan due to the death of her husband and son, direct the respondents 2 and 3 to consider the representation of the petitioner, dated 17.05.2016 and pass orders on the same, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar (Record) /True Copy/ Sub Assistant Registrar TO 1.The Chief Accountant General(A&E) Tamilnadu, Revision Section, Mount Road, Chennai - 600 018.

2.The Joint Registrar, Cooperative Society, Finance and Banking Registration Office, For Cooperative Society, 170, Periyar E.Ve.Ra.High Road, Keelpakkam, Chennai - 600 010.

3.The General Manager, Chennai Central Co-operative Bank Ltd., 215, Prahasam Road, Chennai - 600 108.

+1 cc to Mr.S.DEVASENA ,Advocate, Sr.No:43158 +1cc to M/S Special Government Pleader, Sr No.43238 jam/24.08.16/AAL-MPA/ 3P-6C W.P.(MD)No.14358 of 2016 09.08.2016