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Madras High CourtWP/22967/2023disposed of

Ranjitha v. The State Of Tamilnadu

2023-08-18Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.08.2023

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR Ranjitha .. Petitioner

Versus

1.The State of Tamil Nadu Rep by its Secretary Municipal Administration and Water Supply (MC3) Department Fort St.George, Chennai - 600 009 2.The District Collector Villupuram District Villupuram - 605 602 3.The Tahsildar Gingee Taluk Villupuram - 604 202 4.The Block Development Union Vallam Panchayat Union Gingee Taluk Villupuram - 604 206 5.The Executive Officer Melsevur Panchayat Union Gingee Taluk Villupuram - 604 306 6.R.Venkatesan 7.Rani .. Respondents 1/4

Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondents particularly the Respondents 4 to 5 to release of all the service death benefits and other available benefits on account of death of the Petitioners husband late Mr. V. Manickandan, including an employment opportunity to the Petitioner on the basis of the Petitioners representation and legal notice dated 10.05.2023. For Petitioner : Mr.R.Thanjan For Respondents : Mr.P.Baladhandayutham for R1 to R3 Special Government Pleader Mr.T.Arun Kumar for R4 & R5 Additional Government Pleader

ORDER

This writ petition has been filed seeking to direct the respondents 4 to 5 to release of all the service, death benefits and other available benefits on account of death of the petitioner's husband late Mr.V.Manickandan, including an employment opportunity to the petitioner on the basis of the petitioner's representation and legal notice dated 10.05.2023.

2. It is the case of the writ petitioner that her husband late Mr.V.Manikandan was working as a Overhead Tank Operator under the respondents 4 and 5 and died on 17.08.2022 leaving behind the petitioner and the respondents 6 & 7/parents of the deceased as the legal heirs. Hence, she has to be given compassionate appointment besides service benefits also. 2/4

3. The learned Special Government Pleader, on instructions, submitted that the petitioner's husband was merely working for a consolidated pay. However, immediately, on the petitioner's husband death on 17.08.2022, a sum of Rs.25,000/- was paid to the petitioner towards funeral expenses and for group insurance, requisite documents were also sought from the petitioner. As far as the compassionate appointment is concerned, since, the petitioner's husband was working only for a consolidated pay, the petitioner is not eligible for compassionate appointment. Further, he submitted that if the petitioner submits all the relevant documents for the Group Insurance, the same will be submitted to the Insurance Company.

4. Heard both sides and perused the materials placed on record. Considering the facts and circumstances of the case, this Court directs the petitioner to submit all the requisite documents to the respondents and, if such, documents are produced, the respondents shall process the same and pay it to the petitioner as per Rules. As far as the compassionate appointment is concerned, as rightly pointed out by the learned Special Government Pleader, the petitioner's husband was working for a consolidated pay. Such view of the matter, seeking of compassionate appointment does not arise at all. 3/4

N.SATHISH KUMAR, J.

5. In view of the above, this writ petition stands disposed of. No costs. 18.08.2023 dhk Index:Yes/No Internet: Yes/No To 1.The Secretary The State of Tamil Nadu Municipal Administration and Water Supply (MC3) Department Fort St.George, Chennai - 600 009 2.The District Collector Villupuram District, Villupuram - 605 602 3.The Tahsildar Gingee Taluk, Villupuram - 604 202 4.The Block Development Union Vallam Panchayat Union Gingee Taluk, Villupuram - 604 206 5.The Executive Officer Melsevur Panchayat Union Gingee Taluk, Villupuram - 604 306 18.08.2023 4/4