Mariyappan S v. The Joint Commissioner / Executive Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 16.07.2024

CORAM

THE HON'BLE Ms.JUSTICE R.N.MANJULA Mariyappan S ... Petitioner Vs The Joint Commissioner / Executive Officer, Arulmigu Dhandayuthapani Swamy Thirukovil, Palani, Dindigul District..

... Respondent PRAYER :- Writ Petition is filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus directing the respondent to provide gratuity benefits of the petitioner's (Late) step father Subramaniyan to the petitioner based on his representation dated 03.07.2023 within a time frame as fixed by this Court. For Petitioner : Mr.S.Sukumar For Respondent : Mr.R.Murali

ORDER

The writ petition has been filed for a mandamus to direct the respondent to provide gratuity benefits of the petitioner's (Late) step father Subramaniyan to the petitioner based on his representation dated 1/4

03.07.2023 within a time frame as fixed by this Court.

2. Heard the learned counsel for the petitioner and learned counsel for the respondent.

3. By consent, the writ petition itself is taken up for final disposal.

4. The petitioner claims to be the adopted son of Late Subramanian, who died on 17.12.2007. It is stated that his father is the retired employee of the respondent. His father's gratuity benefits were not paid to him and hence, he made a representation to the respondent seeking disbursement of gratuity benefits. Since the same has not been considered so far, the petitioner is before this Court with this writ petition.

5. The learned counsel for the respondent submitted that the petitioner has not filed/produced any document to show that he is the adopted son of the deceased.

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6. However, it is seen that the petitioner claimed that even in the service register of the deceased, it has been shown that the petitioner is the adopted son of the deceased and hence, on the basis of the available documents, the respondent can consider the merits of the application and pass orders.

7. In view of the above, the writ petition is disposed of with a direction to the respondent to consider the claim of the petitioner based on the available documents and pass orders within a period of four weeks from the date of receipt of a copy of this order. No costs. 16.07.2024 NCC :

Yes/No Index :

Yes/No RR 3/4

R.N.MANJULA, J.

RR W.P.(MD)No.15905 of 2024 16.07.2024 4/4