R.Srikandan v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.08.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH R.Srikandan .. Petitioner Vs.

1.State of Tamil Nadu, Department of Labour and Employment, Rep by its Principal Secretary, Fort St George, Chennai.

2.Department of Employment and Training, Rep by its Commissioner, Guindy, Chennai - 600 032.

3.District Employment and Career Guidance Centre, Rep by District Employment Officer, Krishnagiri - 635 001.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents herein to disburse the benefits viz., Special Provident Fund (SPF 200), Family benefit fund, Gratuity and other terminal benefits of the petitioner's deceased mother C.Madhu.

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For petitioner :

Mr.M.Ashwin Kumar For Respondents :

Mr.V.P.R.Elamparithi Additional Government Pleader

O R D E R

This writ petition has been filed for the issue of writ of mandamus directing the respondents to disburse the terminal benefits of the mother of the petitioner with interest.

2.Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents. 3.The case of the petitioner is that his mother was appointed as a Sweeper in the year 2015. He was regularized in the year 2019. During her tenure, deductions were made from the salary towards Family Benefit Fund, Special Provident Fund (SPF 200), etc. Unfortunately, the petitioner's mother passed away on 17.12.2022 leaving behind the petitioner as the sole surviving legal heir.

4.The grievance of the petitioner is that he has been making several representations seeking for the settlement of the terminal benefits of his mother. The same did not evoke any response. Therefore, the present writ 2/5

petition has been filed before this Court.

5.Taking into consideration the facts and circumstances of the case and also the materials placed before this Court, there shall be a direction to the 3rd respondent to deal with the application submitted by the petitioner for settlement of the terminal benefits of his mother and pass appropriate orders within a period of six (6) weeks from the date of receipt of a copy of this order. In the event of the petitioner being found to be eligible to receive the terminal benefits, the same shall also be settled to the petitioner within a period of eight (8) weeks thereafter. If such settlement is not done within a period of eight (8) weeks, it will carry interest at the rate of 6% from the date on which the terminal benefits became payable till the date of actual settlement of the terminal benefits. 6.The petitioner is directed to make a fresh representation to the 3rd respondent along with all the relevant documents and also a copy of this order.

7.This Writ Petition is disposed of with the above directions. No 3/5

costs.

27.08.2024 krk Index : Yes / No Internet : Yes / No : Yes / No To 1.State of Tamil Nadu, Department of Labour and Employment, Rep by its Principal Secretary, Fort St George, Chennai.

2.Department of Employment and Training, Rep by its Commissioner, Guindy, Chennai - 600 032.

3.District Employment and Career Guidance Centre, Rep by District Employment Officer, Krishnagiri - 635 001.

N.ANAND VENKATESH, J.

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