Mani @ Mani Velagaleti, (Died) v. The Dredging Corporation Of India,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Mani @ Mani Velagaleti (died) Praveen Velagaleti (Petitioner is substituted vide order dated 20.08.2024 in W.M.P.(MD)No.

16841 of 2024) ... Petitioner versus

1. The Dredging Corporation of India, Rep. By its Managing Director, HB Colony Main Road, Seethamma Dhara, Visakhapatnam, Andra Pradesh.

2. The Shipping Corporation of India, Rep. By its Managing Director, Shipping House, 18th Floor, D.No.245, Madame Cama Road, Mumbai.

... Respondents Writ Petition filed under Article 226 of Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the 1st respondent to 1/6

disburse the family pension based on the representation dated 24.03.2021 within a time frame as tipulated by this Court. For Petitioner : Mr.S.Sarvagan Prabhu For Respondents : Ms.D.Uvarani

ORDER

The petitioner is the son of late James Howard. According to the petitioner, his father James Howard served in Indian Navy from 26.10.1956 to 03.01.1968 and after his retirement from Indian Navy, he joined the Shipping Corporation of India as Assistant to Chief Engineer on 04.12.1968 and thereafter, on 01.04.1977, he was transferred to Dredging Corporation of India. According to him, his father James Howard had continuously worked in the Shipping Corporation of India and Dredging Corporation of India for 17 years and he resigned his job on 30.09.1985 and died on 10.12.1989.

2. Initially, the petitioner's mother, one Mani @ Mani Velagaleti, submitted a representation dated 24.03.2021 to the first respondent, seeking pensionary benefits of her husband late James Howard. Since the first 2/6

respondent has not considered the said representation dated 24.03.2021, the petitioner's mother Mani @ Mani Velagaleti has filed this writ petition. Pending this writ petition, she also died. Therefore, the petitioner, who is the son of James Howard and Mani @ Mani Velagaleti, was substituted in this writ petition, pursuant to the order of this Court in W.M.P.(MD)No. 16841 of 2024 dated 20.08.2024.

3. The relief sought for in this writ petition is that the petitioner's father late James Howard is entitled for pensionary benefits and the same has to be considered based on the representation dated 24.03.2021 made by petitioner's mother.

4. Today, when this writ petition is taken up for hearing, the learned standing counsel appearing for the respondents 1 and 2 seeks time for filing counter. This writ petition filed seeking the relief of pensionary benefits of late James Howard is kept pending from the year 2022. The petitioner's mother has approached this Court that the respondents have not acted upon her representation dated 24.03.2021. Therefore, this Court is not inclined to grant any further time to the respondents.

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5. Considering the relief sought for in this writ petition, this writ petition is disposed of with a direction to the petitioner to submit a fresh representation to the respondents 1 and 2 seeking the relief of pensionary benefits, if any, eligible for his father late James Howard, within a period of four weeks from the date of receipt of copy of this order. If any such representation is submitted by the petitioner, the same shall be considered by the respondents 1 and 2 in accordance with the Service Rules and a decision shall be taken by the respondents 1 and 2, within a period of twelve

(12) weeks from thereon. No costs.

02.01.2025 ogy NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

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To

1. The Managing Director, The Dredging Corporation of India, HB Colony Main Road, Seethamma Dhara, Visakhapatnam, Andra Pradesh.

2. The Managing Director, The Shipping Corporation of India, Shipping House, 18th Floor, D.No.245, Madame Cama Road, Mumbai.

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B.PUGALENDHI, J.

ogy 02.01.2025 6/6