Chandra, W/O.Late S.Ramalingam v. The Director General Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :15.03.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD)No.4718 of 2017 and W.M.P.(MD).No.3772 of 2017 Chandra .. Petitioner Vs 1.The Director General of Police, Chennai.
2.The Superintendent of Police, Thanjavur District, Thanjavur.
3.Tamilarasi .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to disburse 50% of terminal benefits of the petitioner's deceased son S.R.Senthilkumar to the petitioner.
Petitioner : Mr.B.Anandan For Respondents 1 & 2 : Mr.C.M.Marichelliah Prabhu Additional Government Pleader For Respondent No.3 : Mr.D.Gnanasekaran
O R D E R
The writ petition has been filed seeking a direction to the 2nd respondent to disburse 50% of terminal benefits of the petitioner's deceased son S.R.Senthilkumar to the petitioner.
2. The case of the petitioner is that the petitioner's husband was working in the Police Department and while he was in service he died, thereafter, his elder son namely, S.R.Senthilkumar has been given compassionate appointment and he joined duty in the year 2008. Thereafter, he got married with the third respondent herein and have two sons. In the meantime, the said S.R.Senthilkumar met with an road accident on 17.5.2016 and died. Thereafter, the third respondent went to her parental home with her children and developed enmity with the petitioner and not allowed the petitioner to see the 1/3
children. Before marriage, the petitioner was nominated as Nominee in her son's Service Register. After marriage her name was removed and the third respondent's name was given as Nominee. Since the petitioner borrowed huge amount as loan from the neighbours for her elder son's marriage, now, the petitioner wants 50% of the terminal benefits. She sent a representation to the respondents on 22.09.2016 in this regard. Since the same was not considered, this writ petition has been filed.
3. The learned Counsel for the petitioner would submit that it would be suffice, if this Court issues a direction to the respondents to consider the representation of the petitioner at the earliest point of time.
4. The learned Additional Government Pleader appearing for the respondents 1 & 2 has no serious objection to consider the petitioner's representation, in accordance with law.
5. In view of the limited scope of the prayer sought for by the petitioner, this Court, without expressing any opinion on the merits of the matter, directs the respondents to consider the representation dated 22.09.2016 submitted by the petitioner and to pass appropriate orders on merits and in accordance with law, within a period of twelve(12) weeks from the date of receipt of a copy of this order, after hearing necessary parties and aggrieved parties.
6. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) PJL 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.
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To 1.The Director General of Police, Chennai.
2. The Superintendent of Police Thanjavur District, Thanjavur.
+1 CC to M/s.SPL GP ( SR-11524[F] dated 16/03/2021 ) W.P.(MD).No.4718 of 2017 15.03.2021 CN(18.05.2021) 3P 4C 3/3