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Madras High CourtWP(MD)/10688/2016allowed

Arunachalam, v. The District Collector,

2025-02-13Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.02.2025

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY Arunachalam ... Petitioner Vs.

1.The District Collector, Collectorate, Madurai District.

2.The Block Development Officer (Village Panchayat), Madurai East Panchayat Union, Madurai East Taluk, Madurai.

3.The President, Ilangipatti Panchayat, Madurai District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to consider the petitioner's representation, dated 02.01.2012, to direct the 3rd respondent to pay arrear salary and death benefit of the petitioner's son namely Thiruppathiraj from the month of August 2007 to 25.10.2011. For Petitioner : Mr.R.Jegadeeswaran For R1 and R2 : Mr.M.Sarangan Additional Government Pleader For R3 : Mr.M.Rajarajan 1/4

O R D E R

This writ petition is filed for issuance of a writ of Mandamus to direct the respondents to consider the petitioner's representation, dated 02.01.2012, to direct the 3rd respondent to pay arrear salary and death benefit of the petitioner's son namely Thiruppathiraj from the month of August 2007 to 25.10.2011.

2. The petitioner's son was appointed in the Panchayat on 01.06.2002 with a consolidated pay of Rs.400/- and he was continuing his service until 31.07.2007. Thereafter, the petitioner's son failed to turn up to duty from 01.08.2007 onwards. Unfortunately, he died on 25.10.2011 due to road accident. Hence, the petitioner is seeking the arrears of salary as well as the death benefit of his son. The petitioner was aged about 65 years in the year 2016 and he has no other source of income.

3. According to the respondents, the respondents have already paid group insurance to the petitioner to the tune of Rs.1,50,000/- and have also paid the arrears of salary to the tune of Rs.5,000/-.

4. On perusing these records, it is seen that only the arrears of salary and the group insurance amounts are paid to the petitioner. However, the 2/4

respondents did not pay any compensation for the death of the son. Further the deceased employee was not terminated from service. Therefore, the 2nd respondent is directed to pay Rs.10,000/- (Rupees Ten Thousand only) as compensation to the petitioner. The same shall be paid within a period of four weeks from the date of receipt of a copy of this order.

5. With the above said direction, the writ petition is allowed. No costs.

13.02.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No Tmg To 1.The District Collector, Collectorate, Madurai District.

2.The Block Development Officer (Village Panchayat), Madurai East Panchayat Union, Madurai East Taluk, Madurai.

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S.SRIMATHY, J.

Tmg 13.02.2025 4/4