Samiyammal v. Other State Govt Departments (Tn)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.07.2024
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Samiyammal ....
Petitioner Vs
1. The Commissioner of Social Welfare, O/o.Commissionerate of Social Welfare, No.1, Panagal Maligai Building, 2nd Floor, Jeenis Road, Saidapet, Chennai - 600 015.
2. The District Social Welfare Officer, District Social Welfare Office, Velippalayam, Nagapattinam District - 611 001.
3. The Superintendent, Annai Satya Govt Home for Child, Nagapattinam District, Nagapattinam.
....
Respondents Prayer:- Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the first respondent to consider and pass order on the petitioner representation dated 13.06.2023 and 28.11.2023, which is seeking Family Pension, Gratuity, Computation of arrear amount and all other benefit payable to the deceased husband Sellamuthu.
For Petitioner : Mr.R.Sethuvarayar For Respondents : Mr.Yogesh Kannadasan Special Government Pleader
ORDER
This Writ Petition has been filed for a direction, directing the first respondent to consider the representation submitted by the petitioner seeking family pension, gratuity, computation of arrears amount and all other benefits to the petitioner for her deceased husband Sellamuthu.
2. Heard the learned counsel appearing on either side and perused the materials available on record.
3. The petitioner is the wife of the deceased Sellamuthu who is initially appointed as Watchman for Government Tailoring Work Centre, Ammapet, Thanjavur. Thereafter, he was regularised and while he was in service, he died on 14.04.2003 The petitioner submitted a representation seeking all death-cum-terminal benefits and also seeking employment on compassionate ground. However, it was not considered and as such, the petitioner filed a suit in O.S.No.224 of 2012 before the District Munsif Court, Thanjavur and the same was decreed by a
Judgment and Decree dated 15.06.2019. Even then, the respondents did not pay any monetary benefits as well as the family pension to the petitioner, on the demise of her husband. There was no rival claim and the Civil Court has also decreed the suit in favour of the petitioner and also declared that the petitioner is entitled for all monetary benefits on the demise of her husband.
4. In view of the above, the first respondent is directed to disburse the arrears of family pension, gratuity, computation of arrear amounts and other benefits along with interest at the rate of 6% per annum to the petitioner forthwith.
5. With the above direction, this writ petition stands disposed of. No costs.
25.07.2024 Internet : Yes Index : Yes/No Speaking order/Non-speaking order Lpp To
1. The Commissioner of Social Welfare, O/o.Commissionerate of Social Welfare, No.1, Panagal Maligai Building, 2nd Floor, Jeenis Road, Saidapet, Chennai - 600 015.
2. The District Social Welfare Officer, District Social Welfare Office, Velippalayam, Nagapattinam District - 611 001.
3. The Superintendent, Annai Satya Govt Home for Child, Nagapattinam District, Nagapattinam.
G.K.ILANTHIRAIYAN, J.
Lpp 25.07.2024