Writ petition seeking a mandamus to decide the petitioner's pending family pension application under the Tamil Nadu Grama Bank (Employees') Pension Regulations. The Court directed the respondents to consider the application on merits within four weeks, without expressing any view on the claim itself.
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W.P.(MD)No.18439 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 02.08.2024
CORAM
THE HONOURABLE MS JUSTICE R.N.MANJULA
W.P.(MD)No.18439 of 2024
S.Meenatchi Sundari
... Petitioner
Vs.
1.The Chairman, Tamil Nadu Grama Bank, Head Office-6, Yarcaud Road, Hasthampatti, Salem-636 007.
3.The Branch Manager, Tamil Nadu Grama Bank, Pazhayapettai Branch, 21/C, Tenkasi Road, Palayapettai, Tirunelveli District.
... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to grant family pension to the petitioner based on the application dated 30.01.2019 in accordance with Tamil Nadu Grama Bank (Employees') Pension Regulations, 2019 with interest at the rate of 8% per annum within a time frame to be fixed by this Court.
For Petitioner : Mr.R.J.Karthick For Respondents : Mr.N.Dilip Kumar
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W.P.(MD)No.18439 of 2024
O R D E R
Heard Mr.R.J.Karthick, learned counsel for the petitioner and
Mr.N.Dilip Kumar, learned counsel for the respondents.
2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.
3.Since the application submitted by the petitioner seeking to grant
the family pension to the petitioner has not been considered so far, the petitioner has filed this writ petition.
4. It is needless to point out that whenever an application of this nature is made to a Government Authority, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders
in one way or other, instead of keeping the same pending indefinitely. The failure on the part of the authority had prompted the petitioner to file this petition for seeking relief through issuance of Writ of Mandamus. As the petitioner has made out a case for invoking the extraordinary powers of this Court under Article 226 of the Constitution of India, the respondents are required to be given with a direction to consider the application of the petitioner
within a specified time frame.
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W.P.(MD)No.18439 of 2024
5. In the light of the above observations, there shall be a direction
to the respondents herein to consider the petitioner's application dated 30.01.2019 on its own merits and pass appropriate orders in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. It is made clear that this Court has not gone into the merits of the claim of the petitioner and it is open to the respondents to consider the same on its own merits.
6.With the above direction, the Writ Petition stands disposed of.
No costs.
02.08.2024
NCC:yes/no Index:yes/no Internet:yes/no ta To 1.The Chairman, Tamil Nadu Grama Bank, Head Office-6, Yarcaud Road, Hasthampatti, Salem-636 007.
2.The Regional Manager, Tamil Nadu Grama Bank, West Car Street, Tirunelveli Town, Tirunelveli-627 006.
3.The Branch Manager, Tamil Nadu Grama Bank, Pazhayapettai Branch, 21/C, Tenkasi Road, Palayapettai, Tirunelveli District.
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W.P.(MD)No.18439 of 2024
R.N.MANJULA, J.
ta
W.P.(MD)No.18439 of 2024
02.08.2024
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1 issue framed by the court
Whether the respondents are bound to consider and dispose of the petitioner's family pension application dated 30.01.2019 within a reasonable time.
2 provisions across 2 enactments
S.Meenatchi Sundari
The Chairman, Tamil Nadu Grama Bank
The Regional Manager, Tamil Nadu Grama Bank
The Branch Manager, Tamil Nadu Grama Bank, Pazhayapettai Branch
R.N.Manjula
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
