M.Selvam Vs. Vandavasi Municipality - Court Judgment

SooperKanoon Citationsooperkanoon.com/1167393
CourtChennai High Court
Decided OnAug-01-2013
JudgeM.Jaichandren
AppellantM.Selvam
RespondentVandavasi Municipality
Excerpt:
in the high court of judicature at madras dated: 01.08.2013 coram: the honourable mr.justice m.jaichandren writ petition no.24290 of 2011 m.selvam .petitioner versus 1.the commissioner, vandavasi municipality, tiruvannamalai dist. 2.velakanni 3.savuriyappan [r2 & r3 impleaded as per order dated 3.11.2011, in m.p.no.1 of 2011].respondents prayer: writ petition is filed under article 226 of the constitution of india, praying for a writ of mandamus, directing the respondent to disburs.the death-cum-retirement benefits viz. gratuity, pf, family pension, insurance amount etc.which are payable to the petitioner, subsequent to the death of his brother, pushpanathan, who died on 14.10.2000 while he was in service, forthwith, with interest at the rate of 18% p.a.and pass appropriate order in accordance with law. ----- for petitioner : mr.a.ramalingam for respondents : mr.s.gajapathi krishnan for r2 & r3. mr.k.rajendra prasad for r1. ----- order heard the learned counsel appearing on behalf of the petitioner, as well as the learned counsel appearing on behalf of the respondents. 2. at this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the petitioner had submitted that it would suffice if the petitioner, as well as respondents 2 and 3, are permitted to make a detailed representation to the 1st respondent, claiming the payment of death-cum-retirement benefits, namely, gratuity, provident fund, family pension, insurance amount, etc.payable to them, on account of the death of their brother, namely, pushpanathan, who had died, on 14.10.2000, while he was in service, in vandavasi municipality, tiruvannamalai district. he had also prayed that on such representation being submitted, the 1st respondent may be directed to consider the same and pass appropriate orders.within a specified period. 3. the learned counsels appearing on behalf of the respondents have no objection for this court passing such an order. 4. in view of the above, the petitioner, as well as respondents 2 and 3 are permitted to make a detailed representation to the 1st respondent, regarding their claim for the payment of death-cum-retirement benefits, namely, gratuity, provident fund, family pension, insurance amount, etc., said to be payable to them, on account of the death of their brother, namely, pushpanathan, who had died, on 14.10.2000, while he was in service, in vandavasi municipality, tiruvannamalai district, within a period of four weeks, from the date of receipt of a copy of this order. on receipt of such a representation, the 1st respondent shall consider the same and pass appropriate orders thereon, on merits and in accordance with law, within a period of twelve weeks thereafter. 5. accordingly, the writ petition is disposed of, with the above directions. no costs. gs. 1st august, 2013 index:yes/no.internet:yes/no.note to office:- issue order copy, 06.08.2013. to the commissioner, vandavasi municipality, tiruvannamalai dist. m.jaichandren, j. gs. w p no.24290 of 2011 1.8.2013
Judgment:

In the High Court of Judicature at Madras Dated: 01.08.2013 Coram: The Honourable Mr.Justice M.Jaichandren Writ Petition No.24290 of 2011 M.Selvam .Petitioner versus 1.The Commissioner, Vandavasi Municipality, Tiruvannamalai Dist.

2.Velakanni 3.Savuriyappan [R2 & R3 impleaded as per order dated 3.11.2011, in M.P.No.1 of 2011].Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for a writ of mandamus, directing the respondent to disbuRs.the death-cum-retirement benefits viz.

Gratuity, PF, Family Pension, insurance amount etc.which are payable to the petitioner, subsequent to the death of his brother, Pushpanathan, who died on 14.10.2000 while he was in service, forthwith, with interest at the rate of 18% p.a.and pass appropriate order in accordance with law.

----- For petitioner : Mr.A.Ramalingam For respondents : Mr.S.Gajapathi Krishnan for R2 & R3.

Mr.K.Rajendra Prasad for R1.

----- ORDER

Heard the learned counsel appearing on behalf of the petitioner, as well as the learned counsel appearing on behalf of the respondents.

2.

At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the petitioner had submitted that it would suffice if the petitioner, as well as respondents 2 and 3, are permitted to make a detailed representation to the 1st respondent, claiming the payment of Death-cum-Retirement benefits, namely, Gratuity, Provident Fund, Family Pension, insurance amount, etc.payable to them, on account of the death of their brother, namely, Pushpanathan, who had died, on 14.10.2000, while he was in service, in Vandavasi Municipality, Tiruvannamalai District.

He had also prayed that on such representation being submitted, the 1st respondent may be directed to consider the same and pass appropriate ordeRs.within a specified period.

3.

The learned counsels appearing on behalf of the respondents have no objection for this Court passing such an order.

4.

In view of the above, the petitioner, as well as respondents 2 and 3 are permitted to make a detailed representation to the 1st respondent, regarding their claim for the payment of Death-cum-Retirement benefits, namely, Gratuity, Provident Fund, Family Pension, insurance amount, etc., said to be payable to them, on account of the death of their brother, namely, Pushpanathan, who had died, on 14.10.2000, while he was in service, in Vandavasi Municipality, Tiruvannamalai District, within a period of four weeks, from the date of receipt of a copy of this order.

On receipt of such a representation, the 1st respondent shall consider the same and pass appropriate orders thereon, on merits and in accordance with law, within a period of twelve weeks thereafter.

5.

Accordingly, the Writ Petition is disposed of, with the above directions.

No costs.

gs.

1st August, 2013 Index:Yes/No.Internet:Yes/No.Note to Office:- Issue order copy, 06.08.2013.

To The Commissioner, Vandavasi Municipality, Tiruvannamalai Dist.

M.JAICHANDREN, J.

gs.

W P No.24290 of 2011 1.8.2013