Madras High Court
Periyathai vs The Secretary on 3 December, 2018
Author: D. Krishnakumar
Bench: D. Krishnakumar
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.12.2018
CORAM :
THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR
W.P. No.31260 of 2018
and
W.M.P. No.36447 of 2018
Periyathai ..Petitioner
Vs.
1. The Secretary
Labour and Employment Department
Fort St. George
Chennai – 600 009
2. The Secretary
Tamil Nadu Construction Workers
Welfare Board
8, Valluvar Kottam High Road
Nungambakkam
Chennai – 600 034.
3. The Labour Officer
Social Security Scheme
Kancheepuram.
4. The District Collector
Kancheepuram District
Kancheepuram. .. Respondents
http://www.judis.nic.in
2
PRAYER: This Writ Petition filed under Article 226 of the Constitution of
India praying for issuance of a Writ of Mandamus, directing the 2nd and 3rd
respondents to disburse the monthly pension amount of Rs.1000/- to the
petitioner and pay the arrears of pension amount from July 2011, the
date on which her application for pension was submitted and
acknowledged by the 3rd respondent along with interest at the rate of
18% per annum on the sum accrued and liable to be paid to the
petitioner and pass further orders.
For Petitioner : Ms. P. Selvi
For Respondents : Mr. M.Karthikeyan,
Addl. Government Pleader for R1, 3 & 4
ORDER
This writ petition is filed seeking to direct the 2nd and 3rd respondents to disburse the monthly pension amount of Rs.1000/- to the petitioner and pay the arrears of pension amount from July 2011, the date on which her application for pension was submitted and acknowledged by the 3rd respondent, along with interest at the rate of 18% per annum on the sum accrued and liable to be paid to the petitioner.
2. The learned counsel for the petitioner would submit that the http://www.judis.nic.in 3 petitioner made a representation to the 3rd respondent, through the 2nd respondent, to sanction pension provided for every registered manual worker, who has completed 60 years of age. The registration of the petitioner has been renewed by the Board, once in two years. The aforesaid application of the petitioner is still pending before the 3 rd respondent for passing of orders.
3. On instructions, the learned Additional Government Pleader would submit that the petitioner's representation is pending before the 3rd respondent and the same will be considered positively, within the time fixed by this Court.
4. It is brought to the notice of this Court, the order passed by this Court in W.P. No.4322 of 2015 dated 17.02.2016, following the order dated 19.06.2014 in W.P. No.30028 of 2013 [ M. Jothi vs. Tamil Nadu Manual Workers Welfare Board and another ] wherein this Court has directed the respondents therein to grant pension to the members of the petitioner Union, from the date on which the respect workmen attained the age of 60 years. In the following relevant paragraphs, it is http://www.judis.nic.in 4 observed as follows :-
“ ” Therefore, the petitioner is eligible for pension under the Tamil Nadu Construction Workers Welfare Scheme, 1994.
5. In the light of the aforesaid scheme as well as the decision cited supre, the 2nd and 3rd respondents are directed to consider and pass orders positively, in accordance with law, as expeditiously as possible, preferably within a period of two weeks from the date of receipt of a copy of this order, by taking note of the orders passed in W.P. No.4322 of 2015.
6. The Writ Petition is disposed of, on the above terms. Consequently, the connected Miscellaneous Petition is closed. No order as to costs.
03.12.2018 Index: Yes/ No [Issue order copy on 06.12.2018] http://www.judis.nic.in 5 avr D. KRISHNAKUMAR J.
avr To
1. The Secretary Labour and Employment Department Fort St. George Chennai – 600 009
2. The Labour Officer Social Security Scheme Kancheepuram.
3. The District Collector Kancheepuram District Kancheepuram.
W.P. No.31260 of 2018
and W.M.P. No.36447 of 2018 http://www.judis.nic.in 6 03.12.2018 http://www.judis.nic.in