S.Tharagowri v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-04-2025

CORAM

THE HONOURABLE MR JUSTICE C.V. KARTHIKEYAN S.Tharagowri, W/o. A. Haribabu.

Petitioner Vs.

1.The District Collector, Thiruvallur, Chinna Ekkadu, Jaya Nagar, Tiruvallur - 602 001.

2.The Treasury Officer, District Treasury, Tiruvallur.

Respondents PRAYER: This writ petition has been filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 1 st respondent to disburse the terminal death benefits such as gratuity and family pension and its arrears, earn leave, private affairs for 3 months, S.P.F. GIS amount and General Provident Fund to the petitioner. For Petitioner(s):

Ms.N.Beulah John Selvaraj For Respondent(s):

Mr.S.Yashwanth AGP for R1 and R2

ORDER

The writ petition has been filed in the nature of a Mandamus seeking a direction against the 1 st respondent to disburse the terminal death benefits such as Gratuity, Family Pension, Arrears, Unearned Leave on Private Affairs, S.P.F. GIS amount and General Provident Fund to the petitioner.

2.In the affidavit filed in support of the writ petition, it had been contended that the husband of the petitioner, Haribabu was appointed under the first respondent office on 03.12.1984 as a Typist and later, worked as Special Tahsildar (LA), ORR, Koyambedu in the year 2012. He then went missing on 30.04.2012. The petitioner had given a police complaint and FIR No.340 of 2014, under man missing was registered on 06.03.2014. The Chennai Corporation however refused to issue death certificate and relegated the petitioner to Civil Court. The petitioner then filed O.S.No.6409 of 2021 for a declaration that her husband had attained civil death. The suit was decreed on 06.02.2025. Thereafter, the petitioner had given a representation on 24.02.2025 and again on 17.03.2025.

3.On the side of the respondents, it is contended that the service record of the husband of the petitioner will have to be examined and it was also stated that he faced disciplinary proceedings and had also been suspended and all those records will have to be verified and thereafter, a decision will be taken to continue to pay the terminal benefits to the petitioner herein.

4.Let a decision be taken within a period of six weeks from the date of receipt of a copy of this order. The writ petition stands disposed of. No Costs. 25-04-2025 sli Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1.The District Collector, Thiruvallur, Chinna Ekkadu, Jaya Nagar, Tiruvallur - 602 001.

2.The Treasury Officer, District Treasury, Tiruvallur.

C.V.KARTHIKEYAN J.

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25-04-2025