R.KOUSALYA Vs. DIRECTOR

JUDGEMENT

(1.) THE petitioner has filed the present writ petition, seeking for a direction to the third respondent College to forward the pension proposal, which arose on account of the death of her husband K.Rangasamy, who was working as Watchman in the third respondent College. It is claimed by the petitioner that unless the pension proposal is forwarded by the third respondent, the official respondents will not be in a position to grant the same.

(2.) WHEN the matter came up on 01.08.2012, this Court directed the learned Additional Government Pleader to get instructions from the official respondents. In respect of the third respondent, private notice was ordered. Accordingly, M/s.P.Muthukrishnan and G.Arulmurugan appears for the third respondent. On behalf of the second respondent, a counter affidavit dated Nil 2013 has been filed and on behalf of the third respondent, a counter affidavit dated 31.08.2012 has also been filed.

(3.) SUBSEQUENT to the same, Late Rangasamy filed a writ petition before this Court, being W.P.No.18164 of 1999 stating that he is entitled to continue in service. The said writ petition was dismissed on 28.10.2002. Even during the pendency of the writ proceedings, the said Rangasamy, sent a representation dated 03.10.2000 stating that since the decision of the High Court was getting delayed, without prejudice to his claim in the writ petition, he has decided to sign the pension papers and therefore, he requested the Management to get his signature and send the proposal to the second respondent. The said letter was received by the third respondent and an endorsement was made by one V.Srinivasan stating that the letter was received on 03.10.2000. Unfortunately, the said Rangasamy passed away on 29.10.2000, leaving the petitioner, being wife and five children including 4 daughters and one son as legal heirs.