The High Court, exercising writ jurisdiction, directed the respondent Institute to consider the petitioner's representation regarding family pension arrears within eight weeks without adjudicating on merits.
Directed the respondent to consider the representation dated 19.10.2015 and pass appropriate orders within eight weeks.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :11.09.2017
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P. No.9953 of 2016
Rajammal @ Rajam
.. Petitioner
Vs 1 The Director Institute of Mental Health Kilpauk, Chennai 10. .. Respondent PRAYER : Petition filed Under Article 226 of the Constitution of India to issue of Writ of Mandamus, to direct the respondent herein to release the petitioner's family pension and all other statutory benefits and disburse the same along with the arrears of family pension from the month of April 2002 to till date to the petitioner by disposing of her representation dated 19.10.2015, within a time frame that may be fixed by this Court. For Petitioner :Mr.J.Ramakrishnan For Respondent :Mr.R.S.Selvam Govt.Advocate ************* O R D E R
The petitioner has come forward with this Writ Petition to direct the respondent for releasing her family pension and all other statutory benefits and disburse the same along with the arrears of family pension from the month of April 2002 to till date to her by disposing of her representation dated 19.10.2015.
2.The learned counsel appearing for the writ petitioner submitted that the husband of the writ petitioner- Late Ethirajan was employed as Special Grade Mazdoor in the respondent Institute and retired from service with effect from 30. 06.1997. However, he passed away on 20.01.2002. In this regard, the pensionary benefits due to the husband of the writ petitioner has not been disbursed till date. Therefore, the writ
petitioner submitted a representation on 19.10.2015 and since the same is yet to be considered, the petitioner has come forward with this Writ Petition.
3.Considering the facts and circumstances of the case, without going into the merits of the matter, the respondent is directed to consider the representation submitted by the writ petitioner on 19.10.2015 and pass appropriate orders, within a period of eight weeks from the date of receipt of a copy of this order.
The Writ Petition stands disposed of accordingly. No costs.
Sd/-
Assistant Registrar(CS III)
//True Copy//
Sub Assistant Registrar
rpa
To
1 The Director
Institute of Mental Health
Kilpauk, Chennai 10.
+1 cc to M/s.J.Ramakrishnan Advocate sr 65913
+1 cc to the Government Pleader sr 65982
W.P. No.9953 of 2016
mp(co) aa04/10/2017
1 issue framed by the court
Whether the respondent authority should be directed to consider the petitioner's pending representation for family pension release.
1 provisions across 1 enactments
Rajammal @ Rajam
The Director, Institute of Mental Health, Kilpauk, Chennai
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
