IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14.07.2023 CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.27936 of 2016 Jayalakshmi ... Petitioner Vs.

1. The Commissioner, Corporation of Madras, Chennai – 600 003.

2. The Presiding Officer – II, Labour Court, Madras. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking for issuance of a Writ of Mandamus directing the respondent herein to pay the family pension with arrears to the petitioner as wife of the deceased Raju in accordance with law.

For Petitioner : Mr.R.Lawrence For Respondents : Mr.S.Gopinathan for R1

ORDER

The present writ petition has been filed seeking for issuance of a writ of Mandamus to direct the respondent herein to pay the family pension with arrears to the petitioner as wife of the deceased Raju in accordance with law.

2. It is the case of the petitioner that seeking family pension of her husband late Raju, the petitioner has filed a petition in C.P.No.369 of 2003 against the 1^st respondent before the II Additional Labour Court, Chennai, which allowed the said petition vide order dated 27.03.2010, directing the 1^st respondent to pay a sum of Rs.45,000/- in favour of the petitioner, pursuant to which, the 1^st respondent paid the aforesaid amount in favour of the petitioner. Since the 1^st respondent defaulted in payment of family pension of the petitioner's husband for the period from 01.07.2003 to 31.03.2016, the petitioner has sent a legal notice to the 1^st respondent. However, the same was not considered. Hence, the petitioner has come up with this writ petition.

3. The learned counsel for the petitioner submits that during the pendency of this writ petition, the respondent Corporation vide letter dated 17.09.2022, stated that necessary action has been taken for sanctioning the family pension of late Raju to the petitioner and asked the petitioner to submit a copy of the pension book of her husband, late Raju before the Greater Chennai Corporation, General Department (Pension Section). Hence, this Court may permit the petitioner to produce necessary documents sought for by the Greater Chennai Corporation and thereafter, the Corporation may be directed to pass appropriate orders within the time frame that may be stipulated by this Court.

4. On the above contentions heard learned counsel appearing for the

1^st respondent and perused the materials placed on record.

5. In view of the limited request sought for by the learned counsel for the petitioner, this Court without going into the merits of the case directs the petitioner to submit a copy of the pension book of her husband late Raju before the Greater Chennai Corporation, General Department (Pension Scheme) within a period of two (2) weeks from the date of receipt of a copy of this order and thereafter the Greater Chennai Corporation shall pass appropriate orders on merits and in accordance in law within a period of four (4) weeks thereafter.

6. With the above observation and direction, this writ petition is disposed of. 14.07.2023 rap Index : Yes / No Speaking order : Yes / No NCC : Yes/No M.DHANDAPANI,J.

rap

14.07.2023