Sivaranjini v. The Zonal Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.10.2024

CORAM

THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD Sivaranjini ... Petitioner Vs.

1.The Zonal Manager, 4th Floor, Central Square, No.6A, Dr.Ambedhkar Road, Kodampakkam, Chennai-600 024.

2.The General Manager, 1st Floor, Castro Palace, No.991/1A1, By Pass Road, New Bus Stand Back Side, Tirunelveli-5, Tirunelveli District.

3.Chandra 4.Muthukumari ... Respondents 1/6

(Respondents 3 and 4 are impleaded vide Court order, dated 17.10.2022 in W.M.P(MD)No.17018 of 2022 in W.P(MD)No.6173 of 2022) Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation, dated 10.02.2022 and pass order on merits in accordance with law within a prescribed time as stipulated by this Court and pass such further or other suitable order as this Court. For Petitioner : Mr.S.Muthumalai Raja For R-1 & R-2 : Mr.P.Arun Jeyatram For R-3 & R-4 : Mr.C.Christopher

ORDER

This writ petition has been filed seeking for a Mandamus to direct the respondents to consider the petitioner's representation, dated 10.02.2022.

2. The case of the petitioner is that the petitioner's husband has worked as a Senior Business Development Executive in the State Bank of India Life Insurance Company since 22.05.2018. Due to the Covid-19 epidemic, the petitioner's husband died on 27.04.2021. The petitioner is the only surviving legal heir of her deceased husband and she had no child. Since petitioner's 2/6

husband joined the above mentioned job even before his marriage, he appointed his sister as his nominee in the service record book. The petitioner submits that though the petitioner's deceased husband included the names of his sisters as nominees, according to the Hindu Succession Act, the petitioner is only surviving first class legal heir of her deceased husband. Hence, it is only the petitioner is entitled to receive the monetary benefits accrued on account of the death of her husband. Hence, the present writ petition.

3. The joint Memo was filed by the petitioner and the third and fourth respondents, dated 25.10.2024 and the same is extracted hereunder: "As per the advice of this Court and after getting proper instructions from both the parties, the present joint memo has been filed. The petitioner herein is undertakes to give no objection to release of jewels which were in the custody of Federal Bank, Murugankurichi Branch, SBI Karukurichi Branch, SBI Kalakad Branch and SBI V.K.Puram Branch, to the respondents 3 and 4. Further the petitioner herein is undertakes to handover a bag which is in the custody of the petitioner. The third and fourth respondents are undertakes to give no objection for release of jewels which were in the custody of SBI Kalakad Branch to the petitioner. Further the 3/6

third and fourth respondents are undertakes to give no objection to disburse the terminal benefits of the petitioner's husband to the petitioner."

4. The first and second respondents are directed to settle a sum of Rs.1,02,000/- which is lying with them to the petitioner, within a period of four

(4) weeks from the date of receipt of a copy of this order.

5. The writ petition stands disposed of with the above observations and directions. There shall be no order as to costs. 25.10.2024 NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The Zonal Manager, 4th Floor, Central Square, No.6A, Dr.Ambedhkar Road, Kodampakkam, Chennai-600 024.

4/6

2.The General Manager, 1st Floor, Castro Palace, No.991/1A1, By Pass Road, New Bus Stand Back Side, Tirunelveli-5, Tirunelveli District.

5/6

J. SATHYA NARAYANA PRASAD , J.

BTR 25.10.2024 6/6