J.Jamima(Minor) v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.02.2022

CORAM:

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P.No. 2001 of 2022 J.Jamima (Minor) rep. By Guardian Grandfather Mr.Reuban ..Petitioner Vs.

1.The Secretary to Government, School Education Department, Secretariat, Chennai-9.

2.The District Chief Education Officer, Nilgiris District.

3.The Divisional Education Officer, Divisional Education Office (2) Sakthimalai Road, Kothagiri, Nilgiris District.

4.A.Jayakmar, (Impleaded as 4th respondent vide order of this Court dated 28.02.2022) .. Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 20.10.2021 and settle the entire terminal benefits of the petitioner's deceased daughter namely R.Isabell Hemalatha, who died on 03.08.2018 worked at Panchayat Union School,Singara,Niligiris District by way of fixed deposit infavour of minor petitioner till attaining majority.

For Petitioner : R.Govindasamy For Respondents : Mr.V.Nanmaran,AGP

ORDER

According to the learned counsel for the petitioner, the petitioner's mother namely R.Isabell Hemalatha, worked as Secondary Grade Teacher in Panchayat Union Primary School, Kotagiri and died due to illness on 03.08.2018 while in https://hcservices.ecourts.gov.in/hcservices/

service. The terminal benefits of the deceased has not been settled by the respondent. The minor petitioner herein is the only legal heir of the deceased. The petitioner's grand father has sent a representations to the respondents on 12.11.2018 and 20.10.2021, requesting to settle the terminal benefits, but no orders have been passed by the respondents till date, hence the present writ petition.

2. The learned Additional Government Pleader has submitted that the representation submitted by the minor petitioner's grandfather will be considered by the respondents and appropriate order will be passed after affording due opportunity to the parties concerned.

3. Having regard to the submissions made by the learned counsels on either side and in view of limited prayer sought for by the learned counsel for the petitioner in the writ petition, this Court, without expressing any opinion and without going into merits of the case, is inclined to direct the 3rd respondent to consider the representation made by the petitioner's grandfather and pass appropriate orders, as expeditiously as possible, preferably within a period of twelve weeks from the date of receipt of a copy of this order after providing due opportunities to the 4th respondent as well as any interested parties.

4. With the above directions, the writ petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar ak To 1.The Secretary to Government, School Education Department, Secretariat,Chennai-9.

2.The District Chief Education Officer, Nilgiris District.

3.The Divisional Education Officer, Divisional Education Office (2) Sakthimalai Road, Kothagiri, Nilgiris District.

+1 cc to Mr.R.Govindasamy, Advocate Sr.NO. 13253 +1 cc to Government Pleader Sr.NO. 13794 W.P.No. 2001 of 2022 GPL(CO) A.SK(20/04/2022) https://hcservices.ecourts.gov.in/hcservices/