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Madras High CourtWP(MD)/1205/2013disposed of

Gomathi, v. The District Collector,

2018-02-16Honourable Mr Justice S.M. Subramaniam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.02.2018

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P(MD)No.1205 of 2013 Gomathi ... Petitioner Vs.

1. The District Collector, District Collectorate, Ramanathapuram, Ramanathapuram District.

2. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Ramanathapuram, Ramanathapuram District.

3. The Revenue Tahsildar, Office of the Revenue Tahsildar, Ramanathapuram, Ramanathapuram District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the Respondents No.1 & 2 to disburse the monetary benefits including family pension, provident fund, death cum retirement benefits and consequent benefits pertaining to the service of the Petitioner's husband within the time stipulated by this Hon'ble Court with 12% interest.

For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.M.Muthu, Additional Government Pleader

ORDER

The learned Counsel for the writ petitioner states that the petitioner's husband was employed as Village Assistant Officer and retired from service on 31.01.2009. The retirement and terminal benefits due to the husband of the writ petitioner had not been settled in accordance with the rules in force. Hence, the writ petitioner made representation to the third respondent to disburse the terminal benefits as applicable under the rules. However, the https://hcservices.ecourts.gov.in/hcservices/

respondents had not taken any action. Therefore, the writ petitioner sent another representation on 05.12.2012 to the respondents 1 to 3, to disburse the terminal benefits. However, there was no response from the respondents.

2.This Court is of an opinion that the retirement and terminal benefits are to be settled soon after the retirement of the employee and any delay in this regard will attract interest on all the belated payments.

3.Thus, without going into the merits of the matter the first respondent is directed to consider the representation submitted by the writ petitioner on 05.12.2012 and pass orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. The writ petitioner is permitted to submit a copy of the representation and the documents, if any, along with a copy of the orders passed in this writ petition. 3.Accordingly, the writ petition stands disposed of. However, there shall be no orders as to costs.

Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar To

1. The District Collector, District Collectorate, Ramanathapuram, Ramanathapuram District.

2. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Ramanathapuram, Ramanathapuram District.

3. The Revenue Tahsildar, Office of the Revenue Tahsildar, Ramanathapuram, Ramanathapuram District.

+ 1 CC TO Mr.T.LAJAPATHI ROY, ADVOCATE IN SR No. 49605 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 49841 DSK TE/KKR/SAR-1 : 23/03/2018 : 2P/6C W.P(MD)No.1205 of 2013 16.02.2018 https://hcservices.ecourts.gov.in/hcservices/