Madras High Court
M.Rajeswari vs The General Manager on 23 July, 2019
Author: V.M.Velumani
Bench: V.M.Velumani
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.07.2019
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
W.P.No.26559 of 2010
M.Rajeswari .. Petitioner
Vs.
1.The General Manager
Personnel Administration Department
Indian Overseas Bank
Central Office, Chennai.
2.The Chief Manager
Indian Overseas Bank
Erode Main Branch
931, Park road, Erode. .. Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of
India, praying for issuance of a writ of Certiorarified Mandamus calling
for the records on the file of the 2nd respondent in proceedings no.Nil,
dated 11.05.2010, quash the same as illegal, incompetent and without
jurisdiction, further direct the respondents to disburse the exgratia
payment, which is liable to be paid to the petitioner and for appointment
on compassionate ground.
http://www.judis.nic.in
2
For Petitioner : Mr.S.Sithirai Anandam
For Respondents : Mr.K.Srinivasamurthy for
Mr.N.G.R.Prasad
ORDER
Writ Petition is filed for issuance of a writ of Certiorarified Mandamus calling for the records on the file of the 2nd respondent in proceedings no.Nil, dated 11.05.2010, quash the same as illegal, incompetent and without jurisdiction, further direct the respondents to disburse the exgratia payment, which is liable to be paid to the petitioner and for appointment on compassionate ground.
2.The petitioner is challenging the impugned order dated 11.05.2010 rejecting her request for exgratia payment under compassionate ground for the death of her husband while in service. According to the petitioner, her husband after 23 years of service, died on 14.02.2005 while working as Assistant Manager in Indian Overseas Bank main branch, Erode. The petitioner has made application on 03.10.2006 for appointment of her son on compassionate ground. According to the petitioner, she was informed to submit the application along with legal heirship certificate. The petitioner and her son frequently visited the Bank to consider the application. While so, all of a http://www.judis.nic.in 3 sudden, the 2nd respondent by the impugned order dated 11.05.2010 informed the petitioner that the 1st respondent expressed their inability to consider the request of the petitioner for exgratia payment. Except stating their inability, the 1st respondent has not disclosed any reason for declining to consider the request of the petitioner. Hence, the present writ petition.
3.The learned counsel appearing for the respondents filed counter affidavit and contended that the appointment on compassionate ground was discontinued and new scheme for payment of exgratia was introduced with effect from 01.04.2004. To avail the said benefit, the legal heir must make application within six months from the date of death of the employee, which was subsequently extended to one year. The petitioner's husband died on 14.02.2005. The petitioner has not sent application on 03.10.2006. The petitioner has sent application only in the year 2010, after five years from the date of death of her husband and therefore she is not entitled to any relief and prayed for dismissal of the writ petition.
4.Heard the learned counsel appearing for the petitioner as well as the learned counsel appearing for the respondents and perused the materials available on record.
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5.A perusal of the impugned order dated 11.05.2010 reveals that the respondents have not given any reason for rejecting the application of the petitioner for payment of exgratia under compassionate ground. In the counter affidavit, various grounds have been raised by the respondents for rejecting the request of the petitioner for payment of exgratia. Those reasons have not been mentioned in the impugned order. In view of the same, impugned order of the 2nd respondent is liable to be set aside and it is hereby set aside. The 1st respondent is directed to consider the application of the petitioner afresh and pass orders on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order.
6.With the above direction, the writ petition is disposed of. No costs.
23.07.2019 Index : Yes / No kj http://www.judis.nic.in 5 To
1.The General Manager Personnel Administration Department Indian Overseas Bank Central Office, Chennai.
2.The Chief Manager Indian Overseas Bank Erode Main Branch 931, Park road, Erode.
http://www.judis.nic.in 6 V.M.VELUMANI, J., kj W.P.No.26559 of 2010 23.07.2019 http://www.judis.nic.in