Selvam.T v. The Commissioner Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.06.2021 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU W.P. (MD) No. 10018 of 2021 1.T.Selvam 2.Bhuvanesvari ... Petitioners -vsThe Commissioner of Police, Madurai City, Alagarkovil Main Road, K.Pudur, Madurai - 7.
...Respondent
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Respondent to disburse all the terminal benefits including family pension to the 1st Petitioner payable on the death of Mrs.V.Alageswari from April 2005 with interest within the time as stipulated by this Court. For Petitioners : Mr. P. Gunasekaran For Respondent : Mr. P. Thilak Kumar Counsel on behalf of the Government of Tamil Nadu
ORDER
(through video conference) Heard Mr. P. Gunasekaran, Learned Counsel for the Petitioners and Mr. P. Thilak Kumar, Learned Counsel on behalf of the Government of Tamil Nadu, who takes notice for the Respondent, and perused the materials placed on record, apart from the pleadings of the parties.
2.
The Petitioners claim to be the husband and daughter of one Mrs. V. Alageswari, who died in service on 13.03.2005 while working as Grade-I Constable in All Women Police Station, Madurai South and in this Writ Petition, they have sought for disbursement of her terminal benefits. Learned Counsel for the Petitioners states that the representation dated 11.01.2021 made by the Petitioners to the Respondent in that regard may be directed to be disposed within such time limit as may be fixed by this Court. 3.
Having regard to the aforesaid submissions made, this Court without expressing any view on the correctness or entitlement of the claim made, passes the following order:- 1/3
(i) the concerned authority of the Respondent shall immediately consider the representation dated 11.01.2021 made by the Petitioners;
(ii) if it is found that the Petitioners have not satisfied with the prescribed requirements or eligibility criteria for the benefits claimed, the deficiencies in that regard shall be informed in writing to them requiring the same to be furnished within a time frame of not less than 10 working days; (iii) in the event of concerned authority not being satisfied with the compliance of the requirements even thereafter, an enquiry shall be conducted affording full opportunity of personal hearing to the Petitioners to explain their position in that regard;
(iv) the concerned authority of the Respondent shall pass reasoned orders dealing with each of the contentions raised on merits and in accordance with law and communicate the decision taken to the Petitioners by 30.09.2021 under written acknowledgment; (v) if the Petitioners are entitled to the claim made, it shall be ensured that the eligible amount is paid to them within one month from the date of passing that order; and (vi) report of compliance in that regard shall be filed before the Registrar (Judicial) of this Court without fail. 4.
In the result, the Writ Petition is disposed on the aforesaid terms. No costs.
Sd/- Assistant Registrar (ADII) // True Copy // / /2021 Sub Assistant Registrar(CS) vsm/SRM Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.
To The Commissioner of Police, Madurai City, Alagarkovil Main Road, K.Pudur, Madurai - 7.
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Copy to The Registrar Judicial, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.SPLGP ( SR-19275[F] dated 14/06/2021 ) W.P.(MD)No.10018 of 2021 10.06.2021 KB(08.07.2021) 3P 4C 3/3