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Madras High Court

L.S.Lakshmi vs The Corporation Of Chennai on 16 November, 2015

Author: K.Kalyanasundaram

Bench: K.Kalyanasundaram

        

 
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.11.2015
CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM

W.P.No.36436 of 2015


L.S.Lakshmi						... 	   Petitioner
 
Vs.

1.   The Corporation of Chennai
      Rep by its Commissioner,
      Rippon Building,
      Chennai-600 003.

2.    The Zonal Officer,
       Zone-VI
      Corporation of Chennai
      Ayanavaram,
      Chennai-600 023.

3.    State of Tamil Nadu
       Rep. by its Secretary,
       Municipal Administration 
       and Water Supply Department,
       Fort St. George,
       Chennai-600 009.					...  	Respondents
	
Prayer:
	Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to pay the gratuity, Family Pension Arrears, Family pension, G.P.F. Surrender Leave, after complaining 2 years Man Missing petitioner husband.


	For Petitioner       : Ms.N.Beulah John Selvaraj
	For Respondents	:  Mr.Anandharangan (R1 and R2)
				    Mrs.ME.Rani Selvam (R3)
				    Additional Government Pleader

					O R D E R	 

By consent, the writ petition is taken up for final disposal.

2.The case of the petitioner is that her husband Santhakumar was employed as a sweeper in the Corporation of Chennai and he was missing from 04.06.2012 onwards. Hence, the petitioner lodged a complaint to the Sub-Inspector of Police, G3, Kilpauk Police Station, Chennai on 12.09.2012 and the case was registered in Crime No.904 of 2012. The Inspector of Police G3 police Station issued a Not Traceable Certificate on 22.01.2015.

3. The petitioner would state that as per Rule 49-A of the Tamil Nadu Pension Rules 1978, when a Government servant disappears leaving behind his family members, the family of the Government servant shall be entitled for payment of dues of salary, leave encashment, General Provident Fund, Special Family Pension-cum-Gratuity after lapse of two years of such disappearance. Despite petitioner's representation dated 28.09.2015, the respondents have not paid the amount, hence the present writ petition.

4. Heard the submissions of Ms.N.Beulah Selvaraj, learned counsel appearing for the petitioner, Mr.Anandharangan learned counsel for the respondents 1 and 2 and Mrs.ME.Raniselvam, learned Additional Government Pleader who accepts notice on behalf of the respondents.

5. Learned Counsel for the petitioner would state that the petitioner has produced the relevant records to the respondents and even after receipt of the representation of the petitioner dated 28.09.2015, the second respondent has not passed any orders so far.

6.Though the petitioner prayed for a larger relief, this Court taking into consideration the facts and circumstances of the case, directs the second respondent to consider and dispose of the representation of the petitioner dated 28.09.2015, in the light of Rule 49-A of the Tamil Nadu pension Rules, 1978 on merits and in accordance with law, and pass orders within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision to the petitioner.

9.The writ petition is disposed of accordingly. No costs.

16.11.2015 arr Index: Yes / No Internet: Yes / No K.KALYANASUNDARAM, J arr To

1. The Corporation of Chennai Rep by its Commissioner, Rippon Building, Chennai-600 003.

2. The Zonal Officer, Zone-VI Corporation of Chennai Ayanavaram, Chennai-600 023.

3. State of Tamil Nadu Rep. by its Secretary, Municipal Administration and Water Supply Department, Fort St. George, Chennai-600 009.

16.11.2015