S.Vijayashankar v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.10.2016 CORAM :
The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P. No.15886 of 2016 1.S.Vijayashankar 2.Raja 3.Saroja 4.Bhuvaneswari 5.Barani (Minor) Rep. By his mother Bhuvaneswari.
.. Petitioners P2 to P5 impleaded as per orders dated 22.6.2016 by (JSRMJ) in WMP.No.18383/2016 -vs1.Deleted as per Order of Court dt.20.10.2016 in WMP.27561 of 2016.
2.The State of Tamil Nadu, Rep. By its Home Secretary, Fort St. George, Chennai-9.
3.The Director General of Police, Mylapore, Chennai-4.
4.The Additional Director General of Police, (Social Justice and Human Rights), Mylapore, Chennai-4.
5.The District Collector, The Collector Office, Villupuram District 6.The Deputy Inspector General of Police, Villupuram Range,
7.The Superintendent of Police, 8.The Superintendent of Government Railway Police, Thrichy Range, Thiruchirapally.
9.The Inspector of Police, Government Railway Police, 10.Deleted as per order of Court dt.20.07.2016 in WP.
.. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the respondents 1 to 9 to pay compensation to widow of deceased Jayavel (who died while in the custody of 9th respondent) of Rs.Twenty lakhs together with interest at 18% p.a. from the date of custodial death of Jayavel within the time limit fixed by this Court.
For Petitioner :
M/s.P.Uma For Respondents :
Mr.M.K.Subramanian Govt. Pleader for RR 2 to 9 :
R-1 deleted.
O R D E R
(Order of the Court was made by The Hon'ble Chief Justice) In respect of para 2 of our last order dated 08.09.2016, learned Government Pleader states that a pension of Rs.1,000/- per month has been fixed for the father of the deceased who died in custody. Since the mother is also alive, an equivalent amount be paid as pension to the mother.
2.In so far as the issue of providing a job to the wife of the deceased is concerned, a letter is stated to have been addressed on 23.08.2016 by the Superintendent of Police, Railways, Trichy, to the Additional Secretary to Government, Home (Pol.14) Department, pursuant to which the District Collector, Krishnagiri, vide proceedings dated 08.09.2016 rejected the request stating that there is no provision to consider the compassionate appointment to the person who is not the heir of a Government employee. Our attention is also drawn to the further communication dated 12.09.2016 of the
Superintendent of Police, Railways, addressed to the Additional Secretary to Govt., soliciting suitable orders by the Government in this regard.
3.We are, thus, of the view that the aforesaid aspect may be considered sympathetically and necessary decision be taken in this behalf within a maximum period of three (3) months from today.
4.Writ petition is, accordingly, disposed of. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sra To 1.The Home Secretary to Govt. of Tamil Nadu, Fort St. George, Chennai-9.
2.The Director General of Police, Mylapore, Chennai-4.
3.The Additional Director General of Police, (Social Justice and Human Rights), Mylapore, Chennai-4.
4.The District Collector, The Collector Office, Villupuram District 5.The Deputy Inspector General of Police, Villupuram Range, 6.The Superintendent of Police, 7.The Superintendent of Government Railway Police, Thrichy Range, Thiruchirapally.
8.The Inspector of Police, Government Railway Police, +1cc to Mr.P. Uma, Advocate, S.R.No.59500 pvs(CO) md (8/11/2016) W.P.No.15886 of 2016