Kuppamal v. The Principal Accountant
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19-09-2025
CORAM
THE HONOURABLE MR.JUSTICE K. SURENDER Kuppamal Petitioner(s) Vs
1. The Principal Accountant General (Accounts and Entitlements) No.361, Anna Salai, Teynampet, Chennai 600 018.
2.State of Tamil Nadu Rep by Secretary to Government, Revenue Department, Fort St. George, Chennai 600 009.
3.District Collector Office of the District Collector, Villupuram.
4.Tahsildar Vanur Tahsildar office, Vanur, Villupuram District.
Respondent(s) PRAYER This Writ Petition is filed seeking Writ of Certiorarified Mandamus to call for the records of the 4th respondent in proceedings No.Na.Ka.A4/1218/2017
dated 05.04.2017 quash the same and consequently direct the respondents to regularise the service of the petitioners husband namely Veerappan who died on 17.05.1994 while in service and disburse the family pension, death cum retirement gratuity and other monetary benefits to the petitioner which is eligible to the petitioner's husband with interest at 18% per annum within the time stipulated.
For Petitioner(s):
M/s.L.P.Maurya For Respondent(s):
M/s.V.Murali for R1 Mr. V.Nanmaran AGP for Rr2 to 4
ORDER
This Writ Petition is filed seeking to quash the records of the 4th respondent in proceedings No.Na.Ka.A4/1218/2017 dated 05.04.2017 and for consequential direction to the respondents to regularise the service of the petitioners husband namely Veerappan who died on 17.05.1994 while in service and disburse the family pension, death cum retirement gratuity and other monetary benefits to the petitioner which is eligible to the petitioner's husband with interest at 18% per annum within the time stipulated.
2. The petitioner is the wife of the deceased Veerappan, who died on 17.05.1994. Veerappan was temporarily appointed as Thalaiari in Vilvanatham
Village, Vanur Villupuram, Padayachi District on 28.08.1967. After his death, the petitioner, being his wife, made a representation seeking regularization of his service and consequent pensionary benefits and family pension that would accrue.
3. The learned counsel for the respondent Nos. 1 to 3 submits that Vide G.O.Ms.No.625 dated 06.07.1995, the Government regularised other employees who were serving as Thalaiari in different villages and since the husband of the petitioner died prior to passing of G.O.Ms.No.625, his service cannot be regularised and pensionary benefits also cannot be granted.
4. In the impugned proceedings dated 05.04.2017, the fourth respondent/ Tahsildar stated that the Government vide G.O.No.625 dated 06.07.1995 ordered regularisation of temporary Village Assistants with effect from, 01.06.1995 and since the husband of the petitioner died before 01.06.1995, no pension or other pensionary benefits can be provided.
5. It is not disputed that the husband of the petitioner rendered service to the Department for about 27 years without blemish. After serving for such a long period, pensionary benefits and family pension cannot be denied to the petitioner.
6. Though G.O.No.625 was issued on 06.07.1995, the intention of the Government was to regularise part-time Village Assistants who were working in the Department as full-time Government employees.
7. Unfortunately the husband of the petitioner died on 17.05.1994. Nevertheless, having regard to his 27 years of service, his service can be regularised. Keeping in view of the judgment passed by the Hon'ble Supreme Court in Dharam Singh and Others vs. State of U.P., and Another, reported in 2025 SCC OnLine SC 1735, the service of the 27 years cannot be overlooked and the widow and children of the deceased cannot be denied the benefits.
8. Accordingly, the service of the petitioner's husband is deemed to have
been regularised and the respondents are directed to provide all consequential benefits. The petitioner shall make a representation before the fourth respondent within a period of four weeks from the date of receipt of copy of this order. Upon receipt of such representation, the respondents shall disburse the family pension, death-cum-retirement gratuity and other monetary benefits to which the petitioner's husband was eligible together with interest at 18% per annum, within a period of eight weeks from the date receipt of copy of this order.
9. With the above directions, this Writ Petition is allowed. No costs. K. SURENDER, J.
19-09-2025 Jai Index:Yes/No Speaking/Non-speaking order Internet:Yes
To 1.The Principal Accountant General (Accounts and Entitlements) No.361, Anna Salai, Teynampet, Chennai 600 018.
2.State of Tamil Nadu Rep by Secretary to Government, Revenue Department, Fort St. George, Chennai 600 009.
3.District Collector Office of the District Collector, Villupuram.
4.Tahsildar Vanur Tahsildar office, Vanur, Villupuram District.
K.SURENDER, J.
jai 19-09-2025