Eswari v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 12.08.2025
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 37161 of 2024 Eswari
...Petitioner
Vs.
1.The Commissioner, CPS Section, Government Data Center, Finance Department, Integrated Campus, 5th Floor, No.571, Anna Salai, Nandanam, Chennai - 600 035.
2.The Project Director, Tamil Nadu Health Systems Project, DMS Annex Building, Chennai - 600 006.
3.The Director, Public Health and Preventive Medicine, Chennai - 600 006.
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4.The District Treasury Officer, Vellore District, Vellore.
5.The Deputy Director of Health Services, Vellore District, Vellore.
...Respondents
Prayer: Writ Petition is filed under Section 226 of the Constitution of India for issue of Writ of Mandamus, directing respondents 1 to 5 to disburse the Pradhan Mantri Garib Kalyan Package (PMGKP) fund and CPS final payment amount for the death of the petitioner's husband M.Kumaresan, died on 06.10.2020, based on the proposal sent by the 3rd respondent to 2nd respondent dated 25.07.2022 made in Ref.No.33915/A2/2/PMGKP/112/2021 and the non-drawal certificate of CPS final fund issued by the 4th respondent to the 1st respondent dated 18.12.2023 within a stipulated time.
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For Petitioner :
Mr. C.Prabakaran For Respondent 1:
No Appearance For Respondents :
Mr. M.Bindran 2 to 5 Additional Government Pleader.
O R D E R
The Writ Petition is filed seeking a mandamus to respondents 1 to 5 to disburse the Pradhan Mantri Garib Kalyan Package (PMGKP) fund and CPS final payment amount for the death of the petitioner's husband M.Kumaresan, died on 06.10.2020, based on the proposal sent by the 3rd respondent to 2nd respondent dated 25.07.2022.
2. It is now informed that the petitioner has been paid the CPS amount of a sum of Rs.4,74,914/-. The petitioner's contention is that her husband was working as an Office Assistant in the office of the 5th respondent for several years. While working in the office of the 5th respondent during Covid 19 pandemic he was affected by fever and difficulty in breathing.
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3. On 16.10.2020, he was admitted to the emergency ward at 11 AM for Intensive Treatment in Government Hospital, Vellore. He succumbed to the Covid Infection and died on the same day at 11 PM. The petitioner had therefore made necessary applications for grant of benefits under the Family Benefits Scheme, PMGKP Scheme, CPS fund and other terminals benefits including compassionate appointment for her son Mohan Kumar. All the necessary documents have been submitted to the 5th respondent as well as the District Collector, Ranipet seeking these benefits.
4. The petitioner would submit that on 15.02.2022 the 5th respondent had sent a communication directing the petitioner to produce documents referred therein for the purpose of Special Relief Fund and PMGKP Scheme. The documents were submitted on 09.03.2022 and on 25.05.2022 these documents forwarded by the 5th respondent to the 3rd respondent.
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5. The 3rd respondent had also forwarded the proposal to the 2nd respondent with all necessary particulars to sanction relief fund to the petitioner. This has been kept pending. Therefore, the petitioner has come forward with the above Writ Petition.
6. In their counter the respondents would state as follows. "I submit that the financial assistance announced by the central and state government to the government employees who died during the corona period has not been sanctioned by the government to the petitioner. If the central and state government sanctioned financial assistance amount will be credited directly to the petitioner's account".
7. A perusal of the documents filed along with the Writ Petition would show that the particulars as required for the release of the fund under the PMGKP Scheme was forwarded by the petitioner and the 5th 5/8
respondent had also forwarded the same to the 3rd respondent who inturn forwarded it to the 2nd respondent. Despite receipt of these documents the amounts which are rightly due to the petitioner has not been disbursed. In the counter, the respondents have not stated that the petitioner is not entitled to the said amount. They would only say that the financial assistance once received would be sanctioned.
8. Therefore, considering the above the Writ petition is partly allowed. Since the CPS amount has already been paid a direction is issued to the respondents to forthwith disburse the amount due under the aforesaid scheme to the petitioner, within a period of 1 month from the date of receipt of a copy of this order. No costs. 12.08.2025 Index : Yes/No Internet : Yes/No kan 6/8
To 1.The Commissioner, CPS Section, Government Data Center, Finance Department, Integrated Campus, 5th Floor, No.571, Anna Salai, Nandanam, Chennai - 600 035.
2.The Project Director, Tamil Nadu Health Systems Project, DMS Annex Building, Chennai - 600 006.
3.The Director, Public Health and Preventive Medicine, Chennai - 600 006.
4.The District Treasury Officer, Vellore District, Vellore.
5.The Deputy Director of Health Services, Vellore District, Vellore.
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P.T. ASHA, J kan W.P.No. 37161 of 2024 12.08.2025 8/8