Powsiya v. The General Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Powsiya ... Petitioner /Vs./ The General Manager, Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Tirunelveli Region, Tirunelveli - 627 001.

... Respondent P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to sanction monthly family pension payable to the petitioner every month and the arrears of monthly family pension payable to her from 11.10.2016 with 12 percent interest within the time limit that may be stipulated by this Court. For Petitioner : Mr.G.M.Xavier For Respondent : Mr.K.Sathiya Singh Standing Counsel 1/4

ORDER

This writ petition has been filed for a mandamus, seeking for a direction to the respondent to sanction monthly family pension payable to the petitioner every month and also to pay the arrears of monthly family pension payable to her from 11.10.2016 with 12 percent interest within a time frame to be fixed by this Court.

2. The learned standing counsel appearing for the respondent would submit that the respondent is willing to consider the petitioner's representation seeking for the relief as sought for in this writ petition.

3. This Court is not expressing any opinion on the merits of the petitioner's representation. Since the representation sent by the petitioner is an old one, the petitioner is directed to submit a fresh representation to the respondent seeking for the relief as sought for in this writ petition.

4. No prejudice will be caused to the respondent, if the petitioner is allowed to give a fresh representation for the aforementioned purpose 2/4

to the respondent and a direction is issued to the respondent to consider the same on merits and in accordance with law, within a time frame to be fixed by this Court.

5. For the foregoing reasons, this Court directs the petitioner to submit a fresh representation to the respondent seeking for sanction of monthly family pension payable to the petitioner every month and also to pay the arrears of monthly family pension payable to her from 11.10.2016 with 12 percent interest, within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the respondent is directed to pass final orders on merits and in accordance with law, within a period of twelve weeks thereafter.

6. With the above direction, this writ petition is disposed of. No costs.

30.10.2024 Index : Yes / No NCC : Yes / No sm 3/4

ABDUL QUDDHOSE, J.

Sm TO:- The General Manager, Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Tirunelveli Region, Tirunelveli - 627 001.

Order made in Dated:

30.10.2024 4/4