Fenny Jaas.L v. The Account General ( A And E)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.12.2023

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P(MD)No.15301 of 2021 L.Fenny Jaas ... Petitioner Vs.

1.The Account General (A&E), 361, Anna Salai, Tenampettai, Chennai.

2.The Chief Educational Officer, 3.The District Educational Officer, 4.The Block Educational Officer, Kannakudi, 5.The Assistant Treasury Officer, Sub Treasury, 6.M.Lazar ... Respondents 1/6

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 5 to settle the terminal benefits of the petitioner mother M.Arockiamary, to the petitioner and to her elder sister namely L.Febine Cortex, equally 50:50 as per the nomination entered in the service register with all consequential benefits.

For Petitioner : Mr.V.Panneer Selvam For R1 : Mr.P.Gunasekaran Standing Counsel For R2 - R5 : Mr.N.GA.Natraj Government Advocate For R6 : Mr.K.Hemakarthikeyan

ORDER

The present writ petition has been filed seeking a Mandamus to the authorities to settle the terminal benefits of the petitioner's mother, namely Arockiamary equally to the petitioner and to her elder sister, namely L.Febine Cortex as per the nomination in the Service Register.

2. The petitioner's mother who was working as Headmaster had passed away and for the terminal benefits of the said Arockiamary, the petitioner and her elder sister on one side and the husband of the deceased on the other side (6th respondent) are fighting. 2/6

3. The petitioner, her elder sister and the 6th respondent namely the father have filed a joint compromise memo to the following effect: (i) The 6th respondent is agreeable that both the daughters would receive the terminal benefits of one Arockiamary equally between themselves.

(ii) The 6th respondent has agreed to receive the family pension of his wife Arockiamary and deposit a sum of Rs. 30,000/- (Rupees Thirty Thousand only) to the writ petitioner and Rs.25,000/- (Rupees Twenty Five Thousand only) to his other daughter, namely L.Febine Cortex every month. (iii) The said Arockiamary had died due to Covid-19 and the 6th respondent hereby has agreed that the daughters shall share the Corona relief fund of Rs.50,000/- between themselves.

(iv) All the parties hereby agree that the 6th respondent would be residing in the 1st floor of Door No.66/A, Anna Salai North, Vallalar Street, Devakottai, Sivagangai District till his life time.

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4. In view of the joint compromise memo, the authorities are directed to disburse the terminal benefits. This joint compromise memo shall form part of the order.

5. With the above said observations, this Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

18.12.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No gbg To 1.The Account General (A&E), 361, Anna Salai, Tenampettai, Chennai.

2.The Chief Educational Officer, 3.The District Educational Officer, 4/6

4.The Block Educational Officer, Kannakudi, 5.The Assistant Treasury Officer, Sub Treasury, 5/6

R.

VIJAYAKUMAR ,J.

gbg Order made in Dated:

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