A.Wilton Ibrahim v. The Dean
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :08.06.2026
CORAM:
THE HONOURABLE MR JUSTICE MUMMINENI SUDHEER KUMAR A.Wilton Ibrahim ... Petitioner Vs
1. The Dean, Thirunelveli Medical College Hospital (SSB), Thirunelveli -11.
2. The District Collector, Thirunelveli 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 1st respondent to disburse all the monetary benefits arising out of the service of the Petitioner's deceased mother Mrs.Ayyammal, owe to the Petitioner and also consider his representation dated 18.02.2026 for the Compassionate appointment at the earliest.
For Petitioner : Mr. N. Karthikkanna For Respondents : Mrs.K.Porkodi Government Pleader
O R D E R
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Mrs.K.Porkodi, learned Government Pleader, takes notice for the respondents.
2. With the consent of both sides, this writ petition is disposed of at the admission stage.
3. Heard the learned counsel for the petitioner and the learned Government Pleader appearing for the respondents.
4. The petitioner herein is the eldest son of late.Ayyammal, who was working as Staff Nurse in Tirunelveli Medical College Hospital till the date of her demise on 04.05.2023. The father of the petitioner, who is having certain matrimonial dispute with the mother of the petitioner, mudered her, resulting in the registration of FIR in Crime No.114 of 2023 dated 04.05.2023 in Medical College Police Station, Tirunelveli and he was in judicial remand. While so, the petitioner herein, who was a minor by the date of demise of his mother along with two younger brothers, namely, Shiraj Ibrahim and Jibral Ibrahim, who are now aged about 16 2/7
and 12 years, respectively, was represented by their maternal uncle and a claim was made to release the terminal benefits of their deceased mother. However, the said writ petition in W.P.(MD) No.18880 of 2024 came to be dismissed by this Court relegating the matrimonial uncle of the petitioner herein to the civil court. Thereafter, the petitioner and his two younger brothers claim to have approached the respondents for release of terminal benefits by submitting representation and also seeking compassionate appointment in favour of the petitioner herein consequent to the death of their mother. Since there is no response, the petitioner approached this Court by filing this Writ Petition.
5. The learned counsel for the petitioner also submitted that the father of the petitioner herein, who is in judicial custody, has already expressed no objection for releasing the terminal benefits in favour of the petitioner and his two younger brothers.
6. The first respondent has filed a detailed counter affidavit, wherein it is stated that there is no dispute regarding the factual aspects and the status of the petitioner and his two younger brothers. On the 3/7
other hand, in paragraph No.7 of the counter affidavit, it is admitted that the father of the petitioner herein has given no objection for release of monetary benefits in favour of three children and also giving compassionate appointment in favour of the petitioner.
7. In the light of the counter affidavit, Mrs.K.Porkodi, learned Government Pleader, fairly submitted that the case of the petitioner for compassionate appointment is being considered and he will be provided with compassionate appointment as per seniority. As far as the disbursement of terminal benefits is concerned, she submitted that the minor share cannot be released to the petitioner herein and the same is required to be safeguarded till the minor younger brothers of the petitioner attain majority.
8. In response to the same, the learned counsel for the petitioner submitted that the share of his two minor younger brothers, namely, Shiraj Ibrahim and Jibral Ibrahim, can be deposited in a fixed deposit duly enabling them to withdraw the said amount after they attain majority and the share of the petitioner herein can be disbursed in his favour, as he 4/7
is the only person to take care of the minor children even in this financial situation. Further, he submitted that the compassionate appointment in favour of the petitioner shall be provided at the earliest for consideration.
9. This Court has heard the submissions made on either side.
10. In the light of the above submissions made on either side, there is not much controversy with regard to the entitlement of the petitioner and his two brothers regarding the terminal benefits on the death of their mother, namely, Ayyammal. Therefore, the respondents are directed to disburse 1/3 of the terminal benefits of the deceased Ayyammal in favour of the petitioner herein and the rest of the 2/3 share of the terminal benefits to be deposited in the names of the two minor brothers of the petitioner, namely, Shiraj Ibrahim and Jibral Ibrahim, till they attain majority and then release the said amount in favour of the minors.
11. Insofar as the claim of the petitioner for compassionate appointment is concerned, as submitted by the learned Government Pleader, the same is under consideration, necessary orders thereon shall 5/7
be passed as expeditiously as possible at any rate within a period of six
(6) weeks from the date of receipt of a copy of this order.
12. With the said observations, this Writ Petition is disposed of. No costs.
NCC : Yes/No 08.06.2026 Index : Yes / No Internet : Yes / No apd To
1. The Dean, Thirunelveli Medical College Hospital (SSB), Thirunelveli -11.
2. The District Collector, Thirunelveli District.
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MUMMINENI SUDHEER KUMAR .,J.
apd ORDER MADE IN 08.06.2026 7/7