Madras High CourtWP(MD)/23183/2016disposed of

K.Revathy, W/O.Late.V.Kumar v. The Principal Secretary To

2017-02-20Honourable Mr Justice S. Vaidyanathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 01.12.2016 C O R A M THE HONOURABLE DR.JUSTICE S.VIMALA Writ Petition (MD) No.23183 of 2016 K.Revathy .. Petitioner Vs.

1.The Principal Secretary to Government of TamilNadu Commercial taxes Department, Ft. St. George, Chennai - 9.

2.The Commissioner of Commercial Taxes, Ezhilagam, Chepaurk, Chennai - 5.

3.The District Collector, Collectorate, Thanjavur.

4.Deputy Commissioner of Commercial taxes, Sachithanatha Moopanar Road, Near Overbridge, Thanjavur.

5.The Assistant Commissioner, Commercial Taxes,(F.A.C), Thanjavur II Assessment Circle, Thanjavur.

6.The Accountant General, No.361, Anna Salai, Tenampet, Chennai - 18 7.The Treasury Officer, District Treasury, Thanjavur.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of mandamus directing Respondents No.5 to 7 to consider the petitioner's representation, dated 29.08.2016 to release the pensionary benefits such as Family pension Death Cum Retirement Gratuity etc. within a time frame and that may be fixed by this Hon'ble Court.

For petitioner ... Mr.A.Thirumurthy For R1 to R5 & R7 ... Mr.R.Karthikeyan Additional Government Pleader For R6 ... Mr.P.Gunasekaran

O R D E R

This is a writ of Mandamus seeking direction to the Respondents No.5 to 7 to consider the petitioner's representation, dated 29.08.2016 seeking to release the pensionary benefits such as Family pension, Death Cum Retirement Gratuity etc. within a stipulated time.

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

3.The petitioner is the wife of late V.Kumar, who originally joined services on 05.10.1975 as masalgi and later employed as Office Assistant under the fifth respondent and his services were regularised with effect from 01.12.1998. The petitioner's husband passed away on 18.01.2015, while he was in service. However, no pensionary and monetary benefits has been paid to the petitioner till date. So stating the petitioner has given a representation dated 29.08.2016. But the same has not been considered so far. Hence, the petitioner has filed the present writ petition.

4.Under such circumstances, the respondents 5 to 7 are directed to consider the representation of the petitioner, dated 29.08.2016 seeking to release the pensionary benefits of the petitioner's husband such as Family Pension, Death cum Retirement Gratuity etc., and to pass orders within a period of four weeks from the date of receipt of a copy of this order. 5.The writ petition is disposed of accordingly. No costs. SD/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The Principal Secretary to Government of TamilNadu Commercial taxes Department, Ft. St. George, Chennai - 9.