Meenakshi.G v. The Registrar (Incharge)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.03.2025
CORAM
THE HONOURABLE MR.JUSTICE SHAMIM AHMED W.P.(MD) No.24781 of 2022 G.Meenakshi ... Petitioner vs.
1.The Registrar (Incharge), Alagappa University, Karaikudi, Sivagangai District.
2.Sangeetha (R2 has been suo motu impleaded vide order dated 01.11.2022) ... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to pay the petitioner's respective share in the terminal benefits due to her deceased son Dr.G.Selvakumar in the light of her representation dated 05.11.2021.
For Petitioner :Mr.S.Sarvagan Prabhu 1/7
For R1 :Mr.T.Cibi Chakraborthy For R2 : Mr.R.M.Arun Swaminathan
ORDER
This Writ Petition has been filed with the following prayer:- "directing the respondents to pay the petitioner's respective share in the terminal benefits due to her deceased son Dr.G.Selvakumar in the light of her representation dated 05.11.2021."
2. The short facts of the case in a nut shell, led to filing of this Writ Petition and necessary for disposal of the same, are as follows:- The petitioner is the mother of one Dr.G.Selvakumar, who was working as Assistant Professor in the Microbiology Department of the respondent University. While he was in service, he died on 23.05.2021. The petitioner's son married one Sangeetha and out of their wedlock, they were blessed with a son, namely Shanjay. The petitioner's daughterin-law is working as Teacher, P.G.Assistant in a Government School and 2/7
is drawing salary more than Rs.70,000/-. As the petitioner's son died while he was in service, the petitioner is entitled to get 1/3rd share of monetary benefits of her deceased son, as she is one of the legal heirs of her deceased son. In this regard, she made several representations before the first respondent and a last representation was made on 05.11.2021, copy of which is enclosed in page No.13 and 14 of the paper book, but no action was taken by the first respondent. Hence, this Writ Petition has been filed seeking the relief as stated supra.
3. Heard Mr.S.Sarvagan Prabhu, learned counsel for the petitioner, Mr.T.Cibi Chakraborthy, learned Standing Counsel for the first respondent and Mr.R.M.Arun Swaminathan learned counsel for the second respondent.
4. The learned counsel for the petitioner, while reiterating the averments made in the affidavit filed in support of this Writ Petition, 3/7
submits that the first respondent may be directed to decide the representation of the petitioner dated 05.11.2021 by way of a reasoned and speaking order in accordance with law within the time stipulated by this Court.
5. Mr.T.Cibi Chakraborthy learned Standing Counsel for the first respondent submits that in the service records of late.Dr.G.Selvakumar, who is the son of the petitioner, the names of his wife and his children were mentioned as nominee. Thus, they are only entitled for the monetary benefits of late.Dr.G.Selvakumar. It was further submitted that if the petitioner's name is mentioned in the service records, her claim will be considered in accordance with law and as per Rules.
6. After considering the submissions made by the learned counsels for both parties and perusing the records and averments made in the Writ Petition and also the representation of the petitioner dated 05.11.2021, 4/7
this Court deems it appropriate that no useful purpose will be served in keeping this Writ Petition pending before this Court.
7. Accordingly, the first respondent is directed to consider the representation of the petitioner dated 05.11.2021 and pass a reasoned and speaking order on merits and in accordance with law, after giving sufficient opportunity to the petitioner, within a period of two months from the date of receipt of a certified copy of this order. The first respondent shall communicate the decision to the petitioner through Registered Post with Acknowledgement Due (RPAD) within a period of two weeks from the date of passing the order.
8. With the aforesaid directions, the Writ Petition is finally disposed of. No costs.
Index :Yes / No 06.03.2025 Internet :Yes / No NCC :Yes / No mm 5/7
To The Registrar (Incharge), Alagappa University, Karaikudi, Sivagangai District.
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SHAMIM AHMED, J.
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