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Madras High CourtWP/7774/2024disposed of with direction

Rajalakshmi, v. The District Collector,

2026-01-02Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-01-2026

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI

1. Rajalakshmi, 2.Iniyavan, 3.Kamban, 4.Subathra, 5.Visali, Petitioners Vs

1. The District Collector, District Collectorate, Ariyalur District.

2.The Tahsildar, Tahsildar Office, Senthurai, Ariyalur District.

Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus directing the respondents to settle the death cum retirement benefits like the Gratuity, Pension, Earned Leave, Encashment benefits and all other eligible benefits to the petitioners as well as the family pension.

For Petitioners:

Mr. T.Ananthasekar For Respondents:

Mr. P.Ganesan Additional Government Pleader

ORDER

This Writ Petition has been filed seeking a direction to the respondents to settle the death cum retirement benefits like the Gratuity, Pension, Earned Leave, Encashment benefits and all other eligible benefits as well as to grant family pension to the petitioners.

2. The case of the petitioners is nutshell is as follows: (i) The 1st petitioner's husband Mr.Subramanian had joined as Village Assistant in the Village Administrative Office at Kadambur Village, Udayarpalayam Taluk in the year 1987. Subsequently, he was transferred to Village Administrative Office of Talavai Village, Senthuri Taluk. While so, in the year 2006, a criminal case was registered against the 1st petitioner's husband in Crime No.2 of 2006 by Vikramangalam Police, pursuant to which, the 2nd respondent dismissed him from service vide order dated 16.10.2010. Thereafter, the criminal case was ended in conviction against the petitioner's husband, challenging which, the petitioner's husband preferred a Criminal Appeal No.433 of 2010 before this Court and this Court vide order dated 10.07.2018 has set aside the conviction vide judgment dated 10.07.2018. Thereafter, the 1st petitioner's husband has approached the 2nd respondent 2/6

several times seeking reinstatement, but no action has been taken by the 2nd respondent.

(ii) While so, on 11.07.2020, the petitioner's husband died due to cancer. Subsequently, the 1st petitioner made a representation to the respondents on 17.07.2023 seeking death cum retirement benefits of her deceased husband as well as family pension. Since the same was not granted, she approached the respondents seeking the aforesaid benefits, despite the same, the respondents have not chosen to grant the death and retirement benefits to the petitioners. Hence, this petition.

3. Learned counsel appearing for the petitioners would submit that the petitioners are facing financial hardship and they are unable to meet even the day-to-expenses. Further, he would submit that despite the representation being submitted to the respondents as early as on 17.07.2023, seeking the death cum retirement benefit of the petitioner's husband as well as the family pension, the respondents have not taken action on the same. He therefore prays to allow this Writ Petition.

4. The learned Additional Government Pleader appearing of the respondents, by reiterating the averments made in paragraph 7 of the counter affidavit filed by the 2nd respondent would submit that prior to the

representation, the 1st respondent has made an application seeking compassionate appointment to the 2nd petitioner herein and also for issuance of Integrated certificate. On receipt of the same, the 2nd respondent vide letter dated 31.08.2023 has requested the 1st respondent seeking suitable instructions regarding the issuance of integrated certificate and also for disbursement of Death Cum Retirement Benefits to the petitioners. He therefore prays for seeks for an appropriate direction to the respondents 1 to 2 to disburse the aforesaid benefits to the petitioner.

5. Heard both sides. Perused the records.

6. Considering the aforesaid facts and circumstances of the case and upon the submissions made by the learned counsel appearing on either side, the respondents 1 and 2 are directed to grant death cum retirement benefits of the 1st petitioner's husband to the petitioners, within a period of six weeks from the date of receipt of a copy of this order. No costs. 02-01-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes arr 4/6

To 1.The District Collector, District Collectorate, Ariyalur District.

2.The Tahsildar, Tahsildar Office, Senthurai, Ariyalur District.

M.DHANDAPANI, J.

arr W.P No. 7774 of 2024 02-01-2026 6/6