A.Elezhabeth Mery v. The Superintending Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.12.2021

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH W.P.NO.18799 OF 2017 AND W.M.P.NO.20325 OF 2017 A.Elezhabeth Mery

...Petitioner

Vs

1. The Superintending Engineer TANGEDCO, (Formerly Tamil Nadu Electricity Board) Workshop Circle, Kolathur Road, Mettur Dam-1, Salem District.

2. K.Ganesan

3. Chinnadurai

...Respondents

PRAYER:

Writ Petition filed under Article 226 of Constitution of India praying to issue a Writ of Certiorarified mandamus, call for the records of the 1st respondent in his proceedings in No.044/NiBi/U3/Ko.Spl/17-02 dated 26.04.2017 and the Proceedings No.044/NiBi/U3/Ko.Spl/17-03 dated 26.04.2017 and quash the same and consequently direct the 1st respondent to pay the entire terminal benefits of late husband Arokkiya Raj to the petitioner forthwith along with the interest at the rate of 18% p.a. from 08.05.2016.

For Petitioners : Mr.A.Ilaya Perumal For R-1 : Mr.P.Subramanian For R-2 : Mr.S.P.Yuvaraj For R-3 : Mr.A.Sundaravadhanan

O R D E R

The respondents 2 and 3 are claimants of certain monetary dues from the husband of the petitioner herein, in which connection, certain Civil suits came to be filed. It is on the basis of the Civil litigation, the petitioner's family pension and other benefits to the petitioner's husband are not disbursed. It is needless to point out that the death cum retirement benefits of an employee cannot be withheld on the request of third party, who have certain 3rd party claims and that it would be the Civil Court's jurisdiction, which requires to be approached. It is now stated that the Civil suit filed by the respondents 2 and 3 herein have also been settled out of Court and based on a Memo of compromise dated 21.4.2021, the Civil suits came to be dismissed.

2. As such, there cannot be any further impediment to the 1st respondent herein to disburse the entire terminal benefits of the petitioner's husband in favour of the petitioner. Hence, the impugned order declining such disbursement cannot be sustained.

3. In light of the above observations, the impugned order of the 1st respondent herein in No.044/NiBi/U3/Ko.Spl/17-02 dated 26.04.2017 and No.044/NiBi/U3/Ko.Spl/17-03 dated 26.04.2017 are quashed. Consequently, there shall be a direction to the 1st respondent herein to disburse the death cum retirement benefits, including the terminal benefits of late Arokkiya Raj, in favour of the petitioner's wife, who is his widow, as expeditiously as possible, in any event, within a period of 8 weeks from the date of receipt of a copy of this order. This Writ Petition stands allowed, accordingly. Consequently, the connected miscellaneous petition is closed. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar gd

To The Superintending Engineer TANGEDCO, (Formerly Tamil Nadu Electricity Board) Workshop Circle, Kolathur Road, Mettur Dam-1, Salem District.

+1cc to Mr.A.Ilaya Perumal, Advocate, S.R.No.68244 +1cc to Mr.P.Subramanian, Advocate, S.R.No.68590 +1cc to Mr.M.Senthil Kumar, Advocate, S.R.No.64964 W.P.No.18799 of 2017 KSM(CO) PM/11/01/2022