K.Ranjitham v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.04.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. No. 18318 of 2020 W.P. No. 14736 of 2020:- K. Ranjitham ... Petitioner -vs1.The District Collector Krishnagiri Krishnagiri District.

2.The Pay and Accounts Officer No.485. M.7B Building Anna Salai, Chennai.

3.The Revenue Divisional Officer Thirupathur, Thirupathur District.

4.The Block Development Officer Uthangarai, Krishnagiri District.

5.The District Treasury Officer Office of the District Treasury Officer Collector Office Campus, Bangalore Road, Krishnagiri.

6.The Treasury Officer Thirupathur, Thirupathur District.

7.The Tahsildar Thirupathur, Thirupathur District.

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8.Mr.R.Anantha Krishnan Tahsildar, Thirupathur District.

9.The Sub-Treasury Officer Spinning Mill Road Uthangarai Taluk Krishnagiri.

10.The Village Administrative Officer Thirupathur Village Thirupathur.

11.Mrs.Navaneetham 12.Mr.Dinesh Kumar 13.Sharmila ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus forbearing the respondents 1,2,4,5 and 6 not to release the terminal and other benefits of the petitioner's deceased son namely K.Saravanan, Deputy Block Development Officer, Uthangarai Taluk, Krishnagiri.

For Petitioner :

Mr. C.Uma Shankar for Mr.M.Selvam For Respondents :

Mr. K.Karthick Jegannath Government Advocate (for R1 to R10) Mrs. PA.Sudesh Kumar (for R11 to R13) W.P. No. 9833 of 2023:- P.Navaneetham ... Petitioner -vs2/8

1.The District Collector Krishnagiri Krishnagiri District.

2.Deputy Director (Panchayats) Krishnagiri, Krishnagiri District.

3.Block Development Officer Uthangarai, Krishnagiri District.

4.Chief Accountant General 361, Anna Salai, Thenampettai Chennai 600 018.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus directing the Respondents to disburse the death cum retirement benefits of the Petitioner's husband Mr. K.Saravanan who died on 24.07.2019 to this Petitioner, by considering the Petitioner's representation dated 13.01.2023 within time frame. For Petitioner :

Mr. PA.Sudesh Kumar For Respondents :

Mr. K.Karthick Jegannath Government Advocate (for R1 & R2) Mrs. R.L.Karthika Government Advocate (for R3) Mrs. Hema Muralikrishnan (for R4) C O M M O N O R D E R Heard Mr. C.Uma Shankar, Learned Counsel for the Petitioner in W.P. No. 14736 of 2020, Mr. PA.Sudesh Kumar, Learned Counsel for the Petitioner 3/8

in W.P. No. 9833 of 2023 and Mr. Karthick Jegannath, Learned Government Advocate, Mrs. R.L.Karthika, Learned Government Advocate and Mrs. Hema Muralikrishnan, Learned Counsel for the Respondents and perused the materials placed on record, apart from the pleadings of the parties. 2.

It is the common case of the Petitioners in these Writ Petitions that one K.Saravanan was working as Deputy Block Development Officer at Uthangarai Taluk, Krishnagiri District had died on 24.07.2019. While the Petitioner in W.P. No. 9833 of 2023, viz., P.Navaneetham, claiming to be the wife of the said K.Saravanan relying on the legal heir certificate in No. TN-720191011959 dated 12.11.2019 issued by the Tahsildar, Tirupattur Taluk, Vellore District, has sought for payment of his terminal benefits, the Petitioner in W.P. No. 14736 of 2020, viz., K.Ranjitham, who is his mother, objects to such payment as her name has not been included in the legal heir certificate in No. TN7202001232317 dated 01.02.2020 issued by the Tahsildar, Tirupattur Taluk, Tirupattur District.

3.

In this context, it would be germane to recapitulate that the Legal Heirship Certificate issued by the Revenue Authorities in merely a report of a fact finding exercise and does not have any statutory sanctity and that is why it 4/8

has been held by this Court in Thirumurthy E. -vs- Collector of Chennai [1998 WLR 347] that the Legal Heirship Certificate issued by the Tahsildar is neither conclusive, nor would it confer any right on the person in whose favour the same had been issued, nor it would exclude the other legal heirs, if any, of the deceased.

4.

That apart, the Hon'ble Supreme Court of India in the decision in Rameshwari Devi -vs- State of Bihar [(2000) 2 SCC 431] has held as follows:- "13........ When there are two claimants to the pensionary benefits of a deceased employee and there is no nomination wherever required, the State Government has to hold an inquiry as to the rightful claimant. Disbursement of pension cannot wait till a civil court pronounces upon the respective rights of the parties. That would certainly be a long-drawn affair. The doors of civil courts are always open to any party after and even before a decision is reached by the State Government as to who is entitled to pensionary benefits. Of course, inquiry conducted by the State Government cannot be a sham affair and it could also not be arbitrary. The decision has to be taken in a bona fide, reasonable and rational manner."

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5.

Having regard to the aforesaid legal position, it is incumbent upon the concerned authorities to conduct enquiry, after due notice to the Petitioners and other legal heirs, if any, of the said K.Saravanan, and depending upon its outcome, the terminal benefits would have to be paid to the eligible persons after communicating the decision taken under written acknowledgment. Such exercise shall be completed within a period of three months from the date of receipt of copy of this order, and report of compliance shall be filed before the Registrar (Judicial) of this Court.

In the result, these Writ Petitions are disposed on the aforesaid terms. Consequently, the connected Miscellaneous Petition is closed. No costs. 03.04.2023 kst Index: Yes/No NCS:Yes/No Note: Issue order copy by 21.08.2023.

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To 1.The District Collector Krishnagiri Krishnagiri District.

2.Deputy Director (Panchayats) Krishnagiri, Krishnagiri District.

3.Block Development Officer Uthangarai, Krishnagiri District.

4.Chief Accountant General 361, Anna Salai, Thenampettai Chennai 600 018.

5.The Pay and Accounts Officer No.485. M.7B Building Anna Salai, Chennai.

6.The Revenue Divisional Officer Thirupathur, Thirupathur District.

7.The District Treasury Officer Office of the District Treasury Officer Collector Office Campus, Bangalore Road, Krishnagiri.

8.The Treasury Officer Thirupathur, Thirupathur District.

9.The Tahsildar Thirupathur, Thirupathur District.

10.Mr.R.Anantha Krishnan Tahsildar, Thirupathur District.

11.The Sub-Treasury Officer Spinning Mill Road, Uthangarai Taluk Krishnagiri.

12.The Village Administrative Officer Thirupathur Village, Thirupathur.

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P.D. AUDIKESAVALU, J.

kst 03.04.2023 8/8