V.Shyamala Devi, v. The Government Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2017

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P. No.24164 of 2013 V.Shyamala Devi .. Petitioner Vs

1. The Government of Tamil Nadu Rep.by its Secretary Revenue Department, Fort St.George, Chennai-600 009.

2. The Principal Commissioner and Commissioner for Revenue Administration, Chepauk, Chennai-600 005.

3. The District Collector, Erode District.

4. The Revenue Divisional Officer, Gopi Chetty Palayam, Erode District.

..Respondents PRAYER : Petition filed Under Article 226 of the Constitution of India to issue a writ of mandamus or any other appropriate writ or order or direction in the nature of a writ directing the respondents to pay the terminal benefits i.e., DCRG, Provident Fund, Pension etc., of the petitioner's husband to the petitioner after regularizing the services of the petitioner's husband as Village Administrative Officer and consequently pay family pension to the petitioner with effect from 01.11.2012. For Petitioner : Mr.K.Raja For Respondents : Mr.P.Karthikeyan Government Pleader

O R D E R

The Writ petitioner approached this court by way of this Writ petition for the relief of terminal benefits of her

husband, such as DCRG, Provident Fund, Pension and other consequential benefits.

2. The learned Counsel appearing for the Writ petitioner submitted that at the time of filing of the Writ petition the services of the husband of the Writ petitioner was not regularized and therefore, rightly, the terminal benefits were denied at that point of time. But, subsequently, the Government issued a Government Order in G.O.(1D) No.418 Revenue Department dated 22.09.2016 wherein the Service of the husband of the Writ petitioner was regularized retrospectively with effect from the date of his initial Appointment i.e. on 08.04.2002. Consequent to the regularization Order passed by the Government, the Writ petitioner is entitled for the Terminal Benefits of her husband.

3. In any event, the averments set out in the Writ petition need not be considered, in view of the fact that the Government specifically passed an Order regularising the Service of the husband of the Writ petitioner. Such being the factum of the case, it is for the writ petitioner to make a fresh representation based on the said Government Order cited supra, to the competent authorities for redressal of her grievances.

4. Accordingly the petitioner is granted liberty to approach the competent authorities to redress her grievances in respect of the terminal benefits of her husband.

5. With these observations, the writ petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rpa/gsk To

1. The Secretary, Government of Tamil Nadu Revenue Department, Fort ST.George.

2. The Principal Commissioner and Commissioner for Revenue Department, Fort.St.George.

3. The District Collector, Erode District.

4. The Revenue Divisional Officer, Gopi Chetty Palayam, Erode District.

W.P. No.24164 of 2013 mg(co) rmp(11/05/17)