M.Devika v. The Principal Secretary To Govt

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-09-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA

1. M.Devika W/o.B.Manivannan, No.190, Sivan Koil Street, Allithurai, Athavathur Street, Somarasampettai Post, Trichy-620 102 Petitioner(s) Vs

1. The Principal Secretary to Government, The State Of Tamilnadu, Social Welfare and N.M.P(SW.1)department, Fort St.

George, Chennai-600 009 2.The Director, Social Welfare Department, Chepauk, Chennai-600 005 3.The Project Officer, Integrated Child Development Project

Services, Cuddalore.

Respondent(s) PRAYER This Writ Petition has been filed seeking for issuance of a Mandamus, to direct the respondents to consider the petitioner's representation dated 06.01.2020. For Petitioner(s):

Mr.R.Lokeshwaran For Respondent:

Mr.K.Surendran, AGP

ORDER

By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

2. Contending that the representation of the petitioner dated 06.01.2020 seeking to disburse the terminal benefits of her husband has not been considered, the petitioner has approached this Court through this Writ of Mandamus.

3.Heard both sides and perused the materials available on record. 4.The learned counsel for the petitioner has submitted that the petitioner's

husband was working as a Typist in the second respondent Department and later he was dismissed from service on 21.11.2011. Subsequently, the petitioner's husband has preferred an Appeal as against the order of dismissal and the said Appeal was rejected by the first respondent, confirming the order passed by the second respondent vide G.O.(D) No.11 dated 08.02.2013. Aggrieved by the same, the petitioner's husband has filed a Writ Petition before this Court in WP.No.8533 of 2013. However, since there was no representation on the side of the petitioner's husband, the said Writ Petition was dismissed for default on 01.11.2019. Thereafter, the petitioner's husband died on 06.11.2019. Since the terminal benefits of the petitioner's husband have not been settled, the petitioner has sent a representation to the respondents on 06.01.2020. However, it has not been considered so far. Hence the Writ Petition.

5. Per contra, the learned Additional Government Pleader for the respondents would submit that the petitioner's husband was convicted in a criminal case and thereafter, a show notice was issued and since the explanation given by the petitioner's husband was not satisfactory, he was dismissed from

service on 21.11.2011. Thereafter, the Appeal preferred by the petitioner's husband was also dismissed. However, the petitioner's husband died on 06.11.2019 and that the representation was given on 06.01.2020 and the petitioner is attempting to invoke a fresh cause of action.

6. In the light of the above, without going into the merits of the case, this Court is inclined to issue a direction to the respondents to consider and pass appropriate orders, on the petitioner's representation dated 06.01.2020, on its own merits and in accordance with law, within a period of twelve (12) weeks from the date of receipt of a copy of this order and communicate the same to the petitioner.

7. With the above direction, this Writ Petition stands disposed of. No costs.

17-09-2025 dn Index:Yes/No

To

1. The Principal Secretary to Government, The State Of Tamilnadu, Social Welfare and N.M.P(SW.1)department, Fort St.

George, Chennai-600 009 2.The Director, Social Welfare Department, Chepauk, Chennai-600 005 3.The Project Officer, Integrated Child Development Project Services, Cuddalore.

A.D.JAGADISH CHANDIRA, J.

dn 17-09-2025