Leelavathi v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE SHAMIM AHMED W.P.(MD)No. 20607 of 2022 Leelavathi, (F.P.O.No. A777317/RDLA), W/o.Late Kathamuthu, No.3/3, Nanchilmanner, Parthasarathi Nagar, 1st Street, Athampackam, Chennai - 600 088.

...Petitioner

Vs 1.The State of Tamil Nadu, Rep by its Principal Secretary to Government, Rural Development Department, Chennai.

2.The Director of Rural Development and Panchayatraj Department, Panagal Building, Saidapet, Chennai - 600 015.

3.The Account General, (Accounts and Entitlements Tamil Nadu), 361, Anna Salai, Chennai - 600 078.

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4.The District Collector, Office of the Collectorate, Pudukkottai District.

...Respondents

Prayer:- Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Respondents to pay the increments for the undergone training period in the post held by the Petitioner's deceased husband as retired on or before and after 30.07.1992 continuously taken into account the said increments in the pensionary benefits in the light of order of this Honourable Court in W.P.(MD) No. 2624, 2625, 2627 of 2018 dated 09.11.2021 and W.P.(MD) No. 2508 of 2018 dated 12.11.2021 and family pension of the petitioner with all monetary and other benefits.

For Petitioner : Mr.A.P.Muthupandian For Respondents : Mr.F.Deepak Special Government Pleader For R-1, R-2 & R-4 Mrs.S.Mahalakshmi For R-3

ORDER

1.

Heard Mr.A.P.Muthupandian, learned counsel appearing for the Petitioner and Mr.F.Deepak, learned Special Government Pleader appearing for the Respondents 1, 2 & 4 and Mrs.S.Mahalakshmi, learned counsel appearing for the 3rd Respondent. 2/8

2.

This Writ Petition has been filed under the Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Respondents to promote the petitioner's deceased husband Late P. Jayakumar as Head Clerk/Assistant/Executive Officer Grade II with effect from 11.10.2002 retrospectively and on par with his juniors and to accordingly refix his seniority and grant the consequential further promotion to the post of Executive Officer Grade-I with effect from 27.04.2005 and as Selection Grade Executive Officer Grade-I with effect from 20.06.2007, on par with his junior with full service and monetary benefits as per the order of the Hon'ble High Court of Madras dated 22.06.2011 passed in W.P.No.17765 of 2007 and to accordingly revise the pension of petitioner's husband and also the petitioner's family pension and to pay the arrears thereof.

3.

Mr.A.P.Muthupandian, learned counsel for the Petitioner submits that petitioner has submitted a representation dated 02.04.2022 outlining her claim and grievances before the Respondents, which finds place at 3/8

page no.63 of the paper book. Despite the said representation, the Respondents failed to take action, prompting the Petitioner to file the present Writ Petition seeking the aforementioned prayer. 4.

Mr.F.Deepak, learned Special Government Pleader for the Respondents, submits that the Respondents are willing to consider the relief sought by the Petitioner if she makes a fresh representation before them, outlining her grievances. The Respondents would then consider and decide on the matter in accordance with the law within the time frame fixed by this Court.

5.

The learned counsel for the Petitioner, agreed to the submissions made by the learned Special Government Pleader for the Respondents and submits that the Petitioner is willing to file a fresh representation before the 2nd Respondent, which may be directed to be disposed of within a specified time frame.

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6.

After considering the submissions made by the learned counsels for both parties and perusing the records and averments made in the Writ Petition, this Court deems it appropriate that no useful purpose will be served in keeping this Writ Petition pending before this Court. 7.

Accordingly, the Petitioner is directed to file a fresh representation before the 2nd Respondent/the Director of Rural Development and Panchayatraj Department, Panagal Building, Saidapet, Chennai - 600 015, detailing her claim and grievances, annexing therewith a certified copy of this order and a copy of her earlier representation dated 02.04.2022, within a period of two weeks from today. If any such representation is filed by the Petitioner before the 2nd Respondent, as per the time stipulated by this Court, the 2nd Respondent/the Director of Rural Development and Panchayatraj Department, Panagal Building, Saidapet, Chennai - 600 015, is directed to consider the same and pass a reasoned and speaking order on merits and in accordance with law, after giving sufficient opportunity to the Petitioner, within a period of six weeks from the date of receipt of such representation. The 2nd Respondent shall 5/8

communicate the order/decision to the Petitioner through Registered Post with Acknowledgement Due (RPAD) within a period of two weeks from the date of passing the order/decision. 8.

With the above directions, this Writ Petition is finally disposed of. There shall be no order as to costs.

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To:

1.The State of Tamil Nadu, Rep by its Principal Secretary to Government, Rural Development Department, Chennai.

2.The Director of Rural Development and Panchayatraj Department, Panagal Building, Saidapet, Chennai - 600 015.

3.The Account General, (Accounts and Entitlements Tamil Nadu), 361, Anna Salai, Chennai - 600 078.

4.The District Collector, Office of the Collectorate, Pudukkottai District.

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SHAMIM AHMED , J.

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