B.Pappathi v. The Chairman And Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.02.2024

CORAM

THE HONOURABLE Ms.JUSTICE R.N.MANJULA W.P. No.26611 of 2021 B.Pappathi ... Petitioner /vs/

1. The Chairman and Managing Director, Tamil Nadu Industrial Development Corporation, No.19-A, Rukmani Lakshmipathy Road, Egmore, Chennai - 600 008.

2. Sumathi

3. Minor R.Nethra Represented by her mother and guardian Sumathi ... Respondents Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the first respondent herein to disburse 1/3rd share in the benefits payable to the service of the petitioner's son late B.Ramakrishnan, based on her representation dated 25.08.2021. For Petitioners ... Mr.S.V.Karthikeyan For Respondents ... Mr.S.Raghunath for M/s.T.S.Gopalan & Co. for R1 No appearance for R2 & R3

ORDER

The petitioner has filed this writ petition seeking direction against the first respondent to disburse 1/3rd share in death benefits payable to his deceased son Ramakrishnan based on her representation dated 25.08.2021.

2. Mr.S.V.Karthikeyan, the learned counsel for the petitioner, submitted that the petitioner's son by name Ramakrishnan was employed under the first respondent as Senior General Manager who died on 13.05.2021 due to cardiac arrest; the petitioner and the respondents 2 and 3 are the legal heirs of the deceased Ramakrishnan; hence the petitioner has given representation on 25.08.2021 to the first respondent to settle her 1/3rd share in the death benefits of her deceased son; since the same was not considered, this writ petition has been filed.

3. Mr.S.Raghunath, the learned counsel for the first respondent, submitted that in view of the nomination made by the deceased Ramakrishnan in his Service Records, the entire death benefits have been paid to the wife, the second respondent and his minor daughter, the third respondent.

4. The records submitted by the learned counsel for the first respondent would show that the deceased employee had only nominated his wife and daughter as his only nominees and he had also stated that the benefits should be disbursed to his wife and daughter in equal terms. The deceased son of the petitioner had nominated his wife and child by showing apportions of the benefits equally between them. If the petitioner believes that she has got 1/3rd share in the terminal benefits of his deceased son, it is open to her to initiate Civil litigations for recovery of the same from the respondents 2 and 3.

5. With the above observations, this Writ Petition is disposed. No costs.

15.02.2024 Index: Yes / No Speaking order / Non-speaking order bkn

R.N.MANJULA ,J.

bkn 15.02.2024