Sheela v. The Transport Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.12.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Sheela ... Petitioner Vs.

1.

The Transport Commissioner, Office of the Transport Commissioner, Chepauk, Chennai.

2.

The Regional Transport Officer, Office of the Regional Transport Office, Tenkasi District.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the 2nd respondent to provide half share of terminal benefits of Late.Selvaraj to the petitioner based on reconsidering the petitioner's representation dated 12.09.2022.

For Petitioner :

Mr.V.Muthuvelan For Respondents :

Mr.S.P.Maharajan, Special Government Pleader.

O R D E R

This writ petition has been filed to direct the 2nd respondent to provide half share of terminal benefits of Late. Selvaraj to the petitioner based on reconsidering the petitioner's representation, dated 12.09.2022.

2. The learned counsel appearing for the petitioner submitted that the petitioner is the daughter-in-law of the deceased Government employee late Selvaraj and he died in harness and his son, who is the husband of the petitioner was predeceased. However, the terminal benefits had not been settled in favour of the petitioner and thereby, the petitioner filed the present writ petition.

3. However, learned counsel appearing for the petitioner further submitted that already the petitioner's sister-in-law namely, S.Latha filed a

writ petition before this Court in W.P.(MD) No.27829 of 2022 for Mandamus, to direct the respondents 1 and 2 to release the petitioner's father-in-law and said Latha's father Selvaraj, retirement benefits by considering the representations, dated 12.09.2022 and 19.09.2022 and in view of the same, this Court may issue a direction to the respondents to hear the petitioner and pass appropriate orders in terms of the order, dated 09.12.2022 passed by this Court in W.P.(MD) No.27829 of 2022. 4.Considering the facts and circumstances of this case, since the similar relief sought for in this writ petition has already been decided by this Court by issuing direction to the respondents therein to hear the petitioner's as well as petitioner's sister-in-law namely, Latha, who is the petitioner in W.P.(MD) No.27829 of 2022, no further orders are necessary in this writ petition. However, the respondents are directed to provide opportunity to the petitioner, while deciding the terminal benefits in terms of order, dated 09.12.2022 passed by this Court in W.P.(MD) No.27829 of 2022.

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

22.12.2022 Index : Yes / No Speaking Order : Yes / No RM

To 1.

The Transport Commissioner, O/o. The Transport Commissioner, Chepauk, Chennai.

2.

The Regional Transport Officer, O/o. The Regional Transport Office, Tenkasi District.

M.DHANDAPANI,J.

RM 22.12.2022