Madras High Court
K.Saroja vs The Director General on 28 November, 2018
Author: S.Vimala
Bench: S.Vimala
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.11.2018
CORAM
THE HON'BLE DR.JUSTICE S.VIMALA
W.P.No.31318 of 2018
K.Saroja .... Petitioner
Vs
1.The Director General, Highways Department
HRS Campus, Chennai 600 025.
2.The Accountant General (A&E)
No.361, Teynampet, Chennai 600 018.
3.The Principal Chief Engineer (Gen)
Highways Department, Guindy
Chennai 600 025.
4.The Superintending Engineer (C&M)
Highways Department, Teynampet,
Chennai 600 018.
5.The Divisional Engineer (C&M)
Highways Department, Thiruvallur Division
Thiruvallur.
6.The Assistant Divisional Engineer
Highways (Construction & Maintenance)
Thiruvallur Sub Division, Thiruvallur. ... Respondents
For Petitioner : Mr.A.Subramani
For Respondent : Mr.A.N.Thambidurai
Special Government Pleader
Prayer : Writ Petition filed under Article 226 of the Constitution of India seeking a writ of
Mandamus directing the respondents to commutation the pension of the husband of the
petitioner, based on the representation of the petitioner dated 29.6.2018 again on
20.07.2018 in accordance with the Tamil Nadu Civil Pensions (Commutation) Rules
1944 and pay the commutation pension benefits to the petitioner herein.
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ORDER
The petitioner's husband served as Gangman Mazdoor (Special Grade) in the
Highways Department and retired on 31.10.2017 and he died on 28.12.2017. The
grievance of the petitioner is that the pension proposals of the petitioner's husband
Gunachandran has not yet been processed by the respondents. In this regard, she has
sent representations to the respondents on 29.6.2018 again on 20.07.2018. As the
same has not been considered, the petitioner has filed the present writ petition.
2. The petitioner claims that her representation has to be considered in terms of
Tamil Nadu Civil Pension (Commutation) Rules 1944. The petitioner also relies upon
Rule 9(1) (ii) of the Tamil Nadu Civil Pension Commutation Rules, which reads as
under...
“9(1)(ii) Commutation shall become absolute on the date of
application by the retiring government servant on the day following
the date of his retirement whichever is later.”
3. Mr.A.N.Thambidurai, learned Special Government Pleader takes notice on
behalf of the respondents. Heard the contentions of both sides and perused the
materials placed on record.
4. In view of the limited relief sought for, this Court is of the view that it is not
necessary to dwell into the merits of the issue, but it would be suffice to direct the
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respondents to consider the representations of the petitioner dated 29.06.2018 and
20.07.2018, and pass orders on the same within a particular time frame
4. Under the circumstances, the respondents are directed to consider the
representation of the petitioner dated 29.06.2018 and 20.07.2018 in the light of the rules
quoted in paragraph 2 supra and pass orders thereon,within a period of eight weeks
from the date of receipt of a copy of this order, in accordance with law. The writ
petition is disposed of accordingly. No costs.
28-11-2018
kst
To
1.The Director General, Highways Department
HRS Campus, Chennai 600 025.
2.The Accountant General (A&E)
No.361, Teynampet, Chennai 600 018.
3.The Principal Chief Engineer (Gen)
Highways Department, Guindy
Chennai 600 025.
4.The Superintending Engineer (C&M)
Highways Department, Teynampet,
Chennai 600 018.
5.The Divisional Engineer (C&M)
Highways Department, Thiruvallur Division
Thiruvallur.
6.The Assistant Divisional Engineer
Highways (Construction & Maintenance)
Thiruvallur Sub Division, Thiruvallur.
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DR.S.VIMALA, J.
KST W.P.No.31318 of 2018 28.11.2018 http://www.judis.nic.in