Madras High Court
Mrs.K.Thangam vs The State Of Tamil Nadu on 22 July, 2021
W.P.No.30773 of 2019
IN THE HIGH COURT OF JUDICATURE OF MADRAS
DATED: 22.07.2021
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH
W.P.No.30773 of 2019
(Through Video Conference)
Mrs.K.Thangam ...Petitioner
Vs
1.The State of Tamil Nadu,
Rep. by its Secretary,
Transport Department,
Secretariat, Chennai 600 009
2. The State of Tamil Nadu,
Rep. by its Secretary,
Finance Department,
Secretariat, Chennai 600 009
3. The Managing Director,
Tamil Nadu State Transport Corporation,
(Kumbakonam Limited) Kumbakonam,
27, Railway Station New Road,
Kumbakonam - 612 001
4. The Assistant Commissioner (Pension),
Employees Provident Fund Organization,
Sub-Regional Office, P.B.No.588,
Sree Complex, 'D'Block,
18, Madurai Road,
Tiruchirapalli 620 008
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W.P.No.30773 of 2019
5. The Assistant Commissioner,
Employees Provident Fund Organization,
Sub-Regional Office, Ambattur,
R-40, A1, TNEB Shopping cum complex,
Mugapair, Chennai 600 037 ...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India to issue a Writ of Mandamus directing the 1st respondent to grant
Tamil Nadu State Government Family Pension and pay arrears of family
pension to the petitioner as per G.O.Ms.No.189, Transport Department,
dated 13.08.2004 and G.O.Ms.No.42, Transport (RW) Department, dated
27.05.2005 for the service rendered by petitioner's husband in the State
Transport Department in accordance with the judgments in
W.A.Nos.1246 of 2009, dated 18.08.2010 on the file of this Hon'ble
Court and directing the 5th respondent; to stop payment of Employees
Provident Fund Pension to the petitioner forthwith and furnish statement
of account of total provident fund pension which was paid to the
petitioner from 13.08.2004 to the respondents 1,2 and 3 to enable them to
pat the family pension as per order of this Court referred above.
For Petitioner : No Appearance
For RR 1,2,4& 5 : Mr.Tipu Sulthan
Government Advocate
For R-3 : Mr.P.Venkatachalam,
Standing Counsel for Transport
Corporation (Kumbakonam)
******
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W.P.No.30773 of 2019
ORDER
Since the petitioner's request for the sanction of Tamil Nadu State
Government Employees Family Pension for the service rendered in the
Tamil Nadu State Government, Transport Department by her husband
was not considered, the present Writ Petition has been filed. According to
the petitioner, she has made a representation in this regard on
10.07.2019, which is still pending.
2. It is needless to point out that whenever a representation of this
nature is made to a Statutory 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. As such, non-consideration of the representation by the
Statutory Authority would amount to dereliction of duty and hence, this
Court will be justified in invoking its extraordinary powers under Article
226 of Constitution of India and direct them to consider the same within
a stipulated time.
3. In the light of the above observations, it would be appropriate to
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W.P.No.30773 of 2019
direct the respondents herein to consider the petitioner's representation
dated 10.07.2019 within a stipulated time and thereby, the ends of justice
could be secured. It is made clear that this Court has not expressed any of
its views with regard to the merits of the claim of the petitioner and that
it is open to the concerned respondents to consider the same on its own
merits.
4. Accordingly, there shall be a direction to the respondents to
consider the petitioner's representation dated 10.07.2019 on its own
merits and pass appropriate orders in accordance with law, within a
period of eight (08) weeks from the date of receipt of a copy of this order.
5. With the above direction, this Writ Petition stands disposed of.
No costs.
22.07.2021
sts
Index :Yes/No
Speaking order / Non-speaking order
To:
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W.P.No.30773 of 2019
1.The Secretary,
Transport Department,
Secretariat, Chennai 600 009
2. The Secretary,
Finance Department,
Secretariat, Chennai 600 009
3. The Assistant Commissioner (Pension),
Employees Provident Fund Organization,
Sub-Regional Office, P.B.No.588,
Sree Complex, 'D'Block,
18, Madurai Road,
Tiruchirapalli 620 008
4. The Assistant Commissioner,
Employees Provident Fund Organization,
Sub-Regional Office, Ambattur,
R-40, A1, TNEB Shopping cum complex,
Mugapair, Chennai 600 037
M.S.RAMESH, J.,
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W.P.No.30773 of 2019
sts
Order made in
W.P.No.30773 of 2019
Dated:
22.07.2021
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