R.Kalavathy v. The Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.02.2024
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.8873 of 2022 R.Kalavathy ....
Petitioner Vs
1. The Commissioner of Police, Chennai.
2. The Joint Commissioner of Police, South Zone, Chennai.
....
Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings dated 29.05.2009 issued in Rc.No.Estt/South-I(2)/6946/83/2009 on the file of the second respondent herein, quash the same and consequently direct the respondents herein to pay the Death Benefits, Gratuity, G.P.F, Family Pension, etc., to the petitioner herein within a stipulated period. For Petitioner : Mr.K.Govi Ganesan For Respondents : Mrs.R.L.Karthika Government Advocate 1/4
ORDER
This Writ Petition has been filed challenging the proceedings dated 29.05.2009 issued by the second respondent, thereby rejected the request made by the petitioner for compassionate appointment.
2. Heard the learned counsel appearing on either side and perused the materials available on record.
3. The petitioner's husband, i.e., R.Chander, had joined in the Chennai City Police as Constable on 10.02.1977. While he was in service, he died, due to heard attack, on 26.05.2006. It is understood that he removed from service on 22.10.1994. Subsequently, he was reinstated into service and posted as Grade-I Constable to B1, North Beach Police Station. However, after the death of petitioner's husband, the terminal benefits were not paid. No death-cum-gratuity was paid to the petitioner. Hence, the petitioner submitted a representation seeking death-cumretirement benefits and also sought for employment on compassionate ground for her son. The request made by the petitioner was rejected by the second respondent on the ground that the petitioner's husband was removed from service even in the year 1994 itself. Therefore, the petitioner's son is not entitled for any relief of employment on compassionate ground.
2/4
4. Insofar as the other reliefs are concerned , the petitioner was directed to submit documents, if her husband died while he was in employment, with regard to the family pension and other details.
5. Therefore, this Court finds no infirmity or illegality in the order passed by the second respondent. Thus, the writ petition is devoid of merits and is liable to be dismissed. Accordingly, this Writ Petition stands dismissed. Consequently, connected miscellaneous petition is closed. No costs.
23.02.2024 Internet : Yes/No Index:Yes/No Speaking/Non Speaking Order Lpp To
1. The Commissioner of Police, Chennai.
2. The Joint Commissioner of Police, South Zone, Chennai.
3/4
G.K.ILANTHIRAIYAN, J.
Lpp and W.M.P.No.8873 of 2022 23.02.2024 4/4