Deivanai .S v. The State Of Tamil Nadu, Represented By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.07.2024
CORAM
THE HONOURABLE MS JUSTICE R.N.MANJULA S.Deivanai ... Petitioner Vs.
1.The State of Tamil Nadu, rep., by its Principal Secretary to Government, Revenue and Disaster Management Department, Secretariat, Fort St., George, Chennai 600 009.
2.The Commissioner of Revenue Administration, Revenue and Disaster Management Department, Ezhilagam Chepauk, Chennai 600 005.
3.The Principal Accountant General A & E State of Tamil Nadu, NO.361, Anna Salai, Chennai 600 018.
4.The District Collector, Thoothukudi District, Thoothukudi 628 101.
5.The District Revenue Officer, Collectorate Campus, Thoothukudi 628 101.
... Respondents 1/5
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the second respondent to issue directions to the fifth respondent to regularize the services of the petitioner's late husband Sudalaimuthu and forward the same to the third respondent for disbursement of the family pension along with arrears and other benefits to the petitioner within a time frame to be fixed by this Court. For Petitioner : Mr.S.Loganathan For Respondents : Mr.S.Shanmugavel Additional Government Pleader
O R D E R
The petitioner has filed this writ petition to direct the second respondent to issue directions to the fifth respondent to regularize the services of the petitioner's late husband Sudalaimuthu and forward the same to the third respondent for disbursement of the family pension along with arrears and other benefits to the petitioner.
2. Heard Mr.S.Loganathan, learned counsel appearing for the petitioner and Mr.S.Shanmugavel, learned Additional Government Pleader, who takes notice for the respondents. By consent, the writ petition is taken up for final disposal at the admission stage itself.
2/5
3. One Sudalaimuthu was appointed as Revenue Assistant on 16.03.1972. After his retirement on 31.08.2009, he died on 16.09.2022. The service of the deceased was not regularized, since the deceased/Government Servant was placed under suspension. However, due to the death of the individual, the charge could have got abated. In the context of the matter, the respondents shall initiate action for regularizing the service of the petitioner in accordance with law. So far as the proposal for family pension is concerned, the learned Government Advocate submitted that there is a counter claim filed by a person, who also claims that she is the wife of the deceased Sudalaimuthu. In such case, the fourth respondent shall conduct enquiry by directing the concerned parties to produce relevant documents about the relationship status of the claimants and pass order, after getting satisfied about their status. In any event, the exercise should be concluded within a period of four weeks from the date of receipt of a copy of this order. No costs.
03.07.2024 NCC:yes/no Index:yes/no Rmk 3/5
To 1.The Principal Secretary to Government, Revenue and Disaster Management Department, Secretariat, Fort St., George, Chennai 600 009.
2.The Commissioner of Revenue Administration, Revenue and Disaster Management Department, Ezhilagam Chepauk, Chennai 600 005.
3.The Principal Accountant General A & E State of Tamil Nadu, NO.361, Anna Salai, Chennai 600 018.
4.The District Collector, Thoothukudi District, Thoothukudi 628 101.
5.The District Revenue Officer, Collectorate Campus, Thoothukudi 628 101.
4/5
R.N.MANJULA, J.
Rmk 03.07.2024 5/5