T. Angappan v. The Manager
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.24122 of 2024 T.Angappan ... Petitioner vs 1.The Manager, Provident Fund, The Tamil Nadu Civil Supplies Corporation, Head Office, 12, Thambusamy Road, Kilpauk, Chennai.10.
2. The Regional Manager, The TamilNadu Civil Supplies Corporation, 9-F, St. Thomas Road, Maharaja Nagar, Tirunelveli District-11.
3. The Central Board, EPFO Head Office, Employment Provident Fund Organisation, Bhavishya Nidhi Bhawan, 14, Bhikaiji Cama Place, New Delhi-110 066.
4. The Regional Officer, EPFO Regional Office, Bhavishya Nidhi Bhava, NGO Colony, Perumalpuram (PO), Tirunelveli.
... Respondents 1/6
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, to direct the respondents to take necessary steps to disburse the insurance benefits under the Employees Deposit Linked Insurance (EDLI) Scheme to the petitioner.
For Petitioner : Mr.P.P.Alwin Balan For Respondents No.1 & 2 : Mr.K.R.Badurus Zaman Standing Counsel
O R D E R
The instant writ petition has been filed by the husband of a deceased employee, who was working in the Tamil Nadu Civil Supplies Corporation, seeking a mandamus as against the respondents to disburse the insurance benefits under the Employees Deposit Linked scheme (EDLI) to the petitioner.
2. A perusal of the records indicate that the petitioner's wife was an employee of Tamil Nadu Civil Supplies Corporation, and she had passed away on 03.04.2016. There was a dispute with regard to the legal heirship of the petitioner's wife. Therefore, the petitioner had filed an Original Suit in O.S.No.120 of 2016 on the file of the Additional District Munsif Court, Ambasamudram as against the relatives of the deceased Arumugathammal, 2/6
and as against the official respondents seeking declaration to declare that the petitioner is the sole legal heir of deceased Arumugathammal, and for mandatory injunction as against the official respondents for disbursement of the terminal benefits of the deceased Arumugathammal. The said suit was decreed on 27.10.2021.
3. Based upon the above said decree, the petitioner is continuously approaching the respondents/authorities for the disbursement of the insurance benefits of the deceased Arumugathammal. Since there is no response for the said request, the present writ petition has been filed.
4. The learned Standing Counsel appearing for the 2nd respondent has brought to the notice of this Court that on 16.10.2024, a communication was addressed to the writ petitioner to furnish three documents, namely (i) Medical Cause of Death, (ii) Hospital Reports, and (iii) Death Summary. In case, these documents were submitted by the writ petitioner, then the proposal would be forwarded to the 3rd respondent for the payment of insurance benefits of the deceased.
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5. In view of the above said facts, the writ petitioner is directed to submit the said documents as called for by the 2nd respondent by his communication, dated 16.10.2024, within a period of four (4) weeks from the date of receipt of a copy of this order. On receipt of such documents, the 2nd respondent is directed to forward the same to the 3rd and 4th respondents for the disbursement of eligible insurance benefits to the writ petitioner within a period of twelve (12) weeks thereafter.
6. With the above said observation, this writ petition is disposed of. No costs.
23.10.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No gvn 4/6
To 1.The Manager, Provident Fund, The Tamil Nadu Civil Supplies Corporation, Head Office, 12, Thambusamy Road, Kilpauk, Chennai.10.
2. The Regional Manager, The TamilNadu Civil Supplies Corporation, 9-F, St. Thomas Road, Maharaja Nagar, Tirunelveli District-11.
3. The Central Board, EPFO Head Office, Employment Provident Fund Organisation, Bhavishya Nidhi Bhawan, 14, Bhikaiji Cama Place, New Delhi-110 066.
4. The Regional Officer, EPFO Regional Office, Bhavishya Nidhi Bhava, NGO Colony, Perumalpuram (PO), Tirunelveli.
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R.VIJAYAKUMAR,J.
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