Amaravathi. S v. The Principal Secretary

W.P.(MD)No.2668 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)No.2668 of 2021 S.Amaravathi ... Petitioner Vs.

1.The Principal Secretary, Revenue and Disaster Management Dept., Secretariat, Chennai-600 009.

2.The Special Commissioner, Revenue Administration and Disaster Management, Cheppakkam, Chennai-600 005.

3.The District Collector, Collectorate, Karur-639 007.

... Respondents PRAYER: Writ Petition under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order of the 3rd respondent in Na.Ka.No.A1/20635/2018 dated 11.02.2020 and quash the same as illegal and consequently direct the respondents to give all the retiral and pensionary benefits by regularizing the appointment of her husband within a stipulated time.

For Petitioner : Mr.R.Lakshmanan For Respondents : Mr.D.Sadiq Raja Additional Government Pleader

ORDER

The order impugned dated 11.02.2020 challenged in the writ petition in W.P(MD)No.2821 of 2021 is under challenge in the present writ petition also filed by the same writ petitioner Tmt.S.Amaravathi.

2.The relief sought for in the present writ petition is also to direct the respondents to provide compassionate appointment. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.2668 of 2021 However, the learned counsel for the petitioner made a submission that the terminal and pensionary benefits are also not paid to the writ petitioner. When the husband of the writ petitioner was not a regular employee and his services were not regularized, he is not entitled for benefits as applicable to the regular Government employee. The other writ petition filed by the petitioner was dismissed, as the petitioner is not eligible for compassionate appointment.

3.The present writ petition also filed seeking the similar prayer, but, orally the learned counsel for the petitioner made a submission that the terminal benefits are not paid. However, the husband of the petitioner was not working as a regular Government employee, as his services were not regularized. If at all any benefits due in respect of the non regularized employee paid to the petitioner, the said benefits shall be settled in favour of the petitioner as early as possible.

4.With these observations, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar To 1.The Principal Secretary, Revenue and Disaster Management Dept., Secretariat,Chennai-600 009.

2.The Special Commissioner, Revenue Administration and Disaster Management, Cheppakkam,Chennai-600 005.

3.The District Collector, Collectorate, Karur-639 007.

+1 CC to M/s.SPL GP ( SR-9410[F] dated 02/03/2022 ) +1 CC to M/s.R.LAKSHMANAN, Advocate ( SR-9374[F] dated 01/03/2022 ) ORDER MADE IN W.P.(MD)No.2668 of 2021 01.03.2022 NS MS/11.03.2022/2P.6C https://hcservices.ecourts.gov.in/hcservices/ 2/2