H.Saravanan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH H.Saravanan

...Petitioner

-Vs1. The District Collector.

District Collector Office, Krishnagiri, Krishnagiri District.

2. The Board Development Officer, Union Panchayat, Thali, Krishnagiri District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents to provide monetary benefits to the petitioner family by considering the representation dated 13.06.2023.

For Petitioner : Mr.V.Balamurugan For Respondents : Mrs.V.Yamuna Devi Special Government Pleader For R.1 Mr.R.P.Murugan Raja Government Advocate For R.2 1/4

ORDER

Heard Mr.V.Balamurugan, learned Senior counsel for the petitioner, Mrs.V.Yamuna Devi, learned Special Government Pleader for the first respondent and Mr.R.P.Murugan Raja, learned Government Advocate for the second respondent.

2. The petitioner is the son of one Hariputhiran who was employed as Road Inspector under the respondent and implicated in a criminal case in Cr.No.10 of 1989 which culminated into C.C.No.159 of 2016 on the file of Judicial Magistrate, Krishnagiri. During the pendency of the criminal case, the petitioner's father Hariputhiran died on 19.10.2017. Apparently, the criminal proceedings against the petitioner's father had abated. While the petitioner's father was in service, he was placed under suspension and was not permitted to retire in view of pendency of criminal proceedings.

3. Now that the criminal proceedings itself has abated, the deceased employee's legal heirs would be entitled to receive the Death-cum-Retirement 2/4

Gratuity (DCRG) benefits of late Hariputhiran.

4. In view of the above finding and observations, there shall be a direction to the first respondent herein to forthwith pass orders disbursing the Death-cum-Retirement Gratuity (DCRG) benefits, including family pension to the legal heirs of late Hariputhiran, within a period of three months from the date of receipt of a copy of this order.

5. With the above observation, the writ petition is allowed. No costs. 02.11.2023 Index:Yes/No Internet:Yes/No sr To

1. The District Collector.

District Collector Office, Krishnagiri, Krishnagiri District.

2. The Board Development Officer, Union Panchayat, Thali, Krishnagiri District. 3/4

M.S.RAMESH,J.

Sr 02.11.2023 4/4