Sankaranarayanan.M v. The Labour Assistant Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.11.2023

CORAM

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR M.Sankaranarayanan ... Petitioner Vs.

The Labour Assistant Commissioner, Office of Social Security Scheme, 270, Prathana Street, K.R.Colony, Tenkasi District-627 811.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to grant monthly pension as per the scheme with effect from on completion of 19.04.2018 on completion of 60 years by considering the petitioner's representation, dated 16.08.2019 and for other such reliefs. For Petitioner : Mr.A.Haja Mohideen For Respondent : Mr.G.Sivaraja Government Advocate 1/5

ORDER

The present writ petition has been filed by one of the members of the Tamil Nadu Construction Workers Welfare Board seeking a Mandamus directing the authorities to grant monthly pension.

2. According to the petitioner, he is a member of the Tamil Nadu Construction Workers Welfare Board and his registration number is 27 STVE 30857, dated 18.04.2007. He has further contended that his wife passed away on 14.04.2010 and he requested the authorities to change the nomination from that of his wife to that of his daughter. Though several representations have been made, the authorities have not responded. Hence, the present writ petition.

3. The petitioner has further contended that he has completed the age of 60 years as on 18.04.2018 and hence, he is entitled to receive pension from 19.04.2018 onwards. Though he has submitted his original I.D card to the authorities for effecting change in nomination, neither the nomination has been changed nor he has received back his original I.D card. With the said request, he is said to have sent a representation on 09.10.2023 to the respondent herein. 2/5

However, there are no records to establish the receipt of the said representation by the respondent. The learned Counsel appearing for the petitioner submits that such a representation was given in person.

4. The petitioner is directed to give a fresh representation through registered post to the respondent herein enclosing a copy of the order of this Court. On receipt of such representation, the respondent herein is directed to consider the request of the petitioner for change of nomination as well as for pension on merits and in accordance with law and pass orders, within a period of twelve (12) weeks from the date of receipt of representation from the writ petitioner.

5. With the above said direction, this writ petition stands disposed of. There shall be no order as to costs.

20.11.2023 NCC : Yes / No Index : Yes / No Internet : Yes BTR 3/5

To The Labour Assistant Commissioner, Office of Social Security Scheme, 270, Prathana Street, K.R.Colony, Tenkasi District-627 811.

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R.VIJAYAKUMAR, J.

BTR 20.11.2023 5/5