Jeyalakshmi v. The Registrar (General)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE Jeyalakshmi ... Petitioner Vs

1. The Registrar (General), High Court of Madras, Chennai.

2. The Accountant General (A & E), Office of the Tamilnadu Accountant General, 361 Anna Salai, Teynampet, Chennai - 18.

3. The Principal District Judge, Ramanathapuram District, Ramanathapuram.

4. The Chief Judicial Magistrate, Ramanathapuram District, Ramanathapuram.

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5. The Judicial Magistrate, Mudukulathur, Ramanathapuram District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the 2nd Respondent to disburse the petitioner's husband Manoharan's retirement and death monetary benefits, who was worked as a typist in 5th Respondent's Office by considering the petitioner's representation dated 11.02.2025 in accordance with law within time stipulated by this Court. For Petitioner : Mr.D.Balamurugapandi, For Respondent : Mr.G.Thalai Mutharasu (R1, R3 to R5) : Mr.P.Gunasekaran (R2) Assistant Central Government Standing Counsel

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] The writ of mandamus has been instituted to direct the respondents to disburse the petitioner's husband's retirement and death benefits, who was worked as a typist in 5th Respondent's Office by considering the petitioner's representation dated 11.02.2025. 2/5

2. It is not in dispute between the authorities, the husband of the petitioner was holding the post of Typist in Judicial Department. Departmental disciplinary proceedings were initiated and the same ended with a punishment of dismissal from service. The appeal filed by the deceased employee was also rejected by the appellate authority and the order of dismissal became final. Therefore, the petitioner is eligible to receive only the admissible benefit under the Tamil Nadu Pension Rules. As far as the family pension and other benefits are concerned, Rule 21 of the Tamil Nadu Pension Rules contemplates forfeiture of service/dismissal/removal. Accordingly, dismissal or removal of a Government servant from service or post entails forfeiture of his past services. Therefore, the petitioner is not entitled for any pensionary benefits including family pension under the Tamil Nadu Pension Rules except the admissible benefits from the contribution of the deceased employee. If it is not paid, the said benefits are to be paid.

3. In this regard, the petitioner is at liberty to file an appropriate application before the competent authority to settle the amount, if any, pending with the authorities.

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4. With the above direction, this writ petition stands disposed of. There shall be no order as to costs.

[S.M.S., J.] [A.D.M.C., J.] 16.06.2025 Index:Yes/No Internet:Yes/No NCC:Yes/No LR To

1. The Registrar (General), High Court of Madras, Chennai.

2. The Accountant General (A & E), Office of the Tamilnadu Accountant General, 361 Anna Salai, Teynampet, Chennai - 18.

3. The Principal District Judge, Ramanathapuram District, Ramanathapuram.

4. The Chief Judicial Magistrate, Ramanathapuram District, Ramanathapuram.

5. The Judicial Magistrate, Mudukulathur, Ramanathapuram District.

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S.M.SUBRAMANIAM, J.

and DR.A.D.MARIA CLETE, J.

LR 16.06.2025 5/5