N.Fathima Beevi v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :09.01.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD) No.14020 of 2020 N.Fathima Beevi ... Petitioner -vs1.The State of Tamil Nadu Rep. by Home Secretary Fort St. George, Chennai.
2.The Director General of Police, Chennai.
3.The Inspector General of Police, (Operation) Chennai 600 028.
4.The Commissioner of Police, Tirunelveli City. ... Respondents Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the respondents 1 to 3 to award a sum of Rs.10,00,000/- as compensation along with the interest applicable as per the Group Insurance Scheme (Tamil Nadu Police Insurance Scheme Rules for Police Officers and Personnel" in G.O.Ms.No.1160 Home 1/6
(Pol.XII) Department dated 18.08.1999) in connection with the death of the petitioner's deceased husband by name M.Noor Mohamed (HC 1354) on the strength of the petitioner's representation dated 25.07.2020 and in the strength of the petitioner's representation dated 25.07.2020 and in the light of the order passed by the Principal Bench of this Court in WA No.1286 of 2014 dated 04.07.2018 as expeditiously as possible within the time stipulation as prescribed by this Court.
For Petitioner : Ms.V.Moushika For Respondents : Mrs.K.Christy Theboral Additional Government Pleader
O R D E R
This writ petition has been filed for a direction to the respondents 1 to 3 to award a sum of Rs.10,00,000/- as compensation along with the interest applicable as per the Group Insurance Scheme (Tamil Nadu Police Insurance Scheme Rules for Police Officers and Personnel" in G.O.Ms.No. 1160 Home (Pol.XII) Department dated 18.08.1999) in connection with the death of the petitioner's deceased husband by name M.Noor Mohamed (HC 1354) on the strength of her representation dated 25.07.2020 and in the strength of her representation dated 25.07.2020 and in the light of the order passed by the Principal Bench of this Court in WA No.1286 of 2014 dated 2/6
04.07.2018 as expeditiously as possible within the time stipulation as prescribed by this Court.
2. The learned counsel for the petitioner would submit that the petitioner's husband died, while he was in service. In order to avail the death cum retirement benefits of her husband, the petitioner approached the respondents by way of a representation. He would further submit that the Government introduced a group insurance scheme and it came into effect from 1st April 1997. As per the said scheme, as the legal heir of the deceased employee, the petitioner is entitled for the group insurance and hence, the petitioner sent a representation to the respondents. Since the same has not been considered so far, the petitioner is before this Court with this writ petition.
3. The learned counsel would further submit that when similar issue came up before the Division Bench of this Court in WA No.1286 of 2014, this Court directed the respondents therein to consider the claim of the appellant therein. Since the petitioner herein is also similarly placed, he prayed for necessary direction.
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4. Heard the learned Additional Government Pleader for the respondents.
5. Considering the facts and circumstances of the case, the first respondent is directed to consider the petitioner's representation and pass appropriate orders and dispose of the same in the light of the decision rendered in WA No.1286 of 2014 dated 04.07.2018, and disburse the eligible insurance amount in terms of the Tamil Nadu Police Personnel Scheme Rules for Police Officers and Personnel, if it is otherwise in order from the date of receipt of a copy of this order.
6. The writ petition is disposed of with the above direction. No costs.
23.01.2023 NCC : Yes/No Index : Yes/No RR 4/6
To 1.The Home Secretary Fort St. George, Chennai.
2.The Director General of Police, Chennai.
3.The Inspector General of Police, (Operation) Chennai 600 028.
4.The Commissioner of Police, Tirunelveli City.
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M.DHANDAPANI, J.
RR 23.01.2023 6/6