Allowed

C.Eswari, v. The Government of Tamil Nadu

Madras HC11 Jun 2015WP/16482/2015

Case brief

AI extract

What is this about?

The Madras High Court considered a writ petition seeking family pension and other terminal benefits for the wife of a deceased Village Administrative Officer. The court directed the Tahsildar to forward proposals to the Collector within four weeks to enable pensionary benefits, after which the Collector must pass an order within six weeks.

What did the court decide?

Directed the Tahsildar to send proposals to the Collector within four weeks and the Collector to pass orders within six weeks regarding terminal benefits.

C.Eswari, Vs The Government of Tamil Nadu — Pension and Retirement Benefits | Madras HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 11.6.2015

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CORAM:

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THE HONOURABLE MR. JUSTICE D.HARIPARANTHAMAN

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Writ Petition No.16482 of 2015

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C.Eswari ...Petitioner

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vs. 1.The Government of Tamil Nadu, Rep. By its Secretary to Government, Revenue Department, Secretariat Chennai-600 009.

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The Principal Accountant General (A & E), 361, Anna Salai, Teynampet, Chennai-600 018.

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The District Collector, Kancheepuram.

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The Revenue Divisional Officer, Madurantakam, Kancheepuram District.

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The Tahsildar, Cheyyur Taluk, Kancheepuram District. ...Respondents

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Petition filed under Article 226 of the Constitution of India for the issuance of writ of mandamus directing the respondent to disburse all terminal benefits like SPF Gratuity Leave on Private affair and other benefits and also pensionary benefits payable to the petitioner with 12% interest per annum subsequent death of petitioner husband on 24.5.2008 as Village Administrative Officer.

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For Petitioner : Mr.P.Murali For Respondents : Mr. V.Jayaprakash Narayanan Special Government Pleader

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https://hcservices.ecourts.gov.in/hcservices/

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O R D E R

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The husband of the petitioner worked as a Panchayat Clerk from 1991 onwards. Thereafter, in 2001, the husband of the petitioner was appointed as Village Administrative Officer by the third respondent. The husband of the petitioner died on 24.5.2008, while he was in service. According to the petitioner, she is a legally wedded wife. She is entitled to terminal benefits including family pension. She made a representation dated 01.11.2010 to the fourth respondent in this regard. The fourth respondent forwarded the representation to the fifth respondent for necessary action.

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In these circumstances, the petitioner has filed this writ petition seeking for a direction to dispose of the terminal benefits.

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When the writ petition was taken up for hearing, the learned counsel for the petitioner submits that writ petition may be disposed of with a direction to the fifth respondent to send proposals to fourth respondent relating to the terminal benefits due to the petitioner to enable the fourth respondent to pass appropriate order in this regard within a stipulated time as may be fixed by this Court.

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In view of the limited prayer made by the learned counsel for the petitioner, the fifth respondent is directed to send proposals to the fourth respondent relating to terminal benefits due to the petitioner, if there is no other legal impediments so that the petitioner would get benefits, within a period of four weeks. On receipt of the said proposal, the fourth respondent is directed to pass appropriate orders in this regard within a period of six weeks, thereafter.

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The writ petition stands allowed in the above terms. No costs. Connected miscellaneous petition is closed.

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//True Copy//

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kua

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https://hcservices.ecourts.gov.in/hcservices/

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To 1.The Secretary to Government, Government of Tamil Nadu, Revenue Department, Secretariat Chennai-600 009. 2. The Principal Accountant General (A & E), 361, Anna Salai, Teynampet, Chennai-600 018. 3. The District Collector, Kancheepuram. 4. The Revenue Divisional Officer, Madurantakam, Kancheepuram District. 5. The Tahsildar, Cheyyur Taluk, Kancheepuram District. 1 CC to the Government Pleader, SR.No. 28626 W.P.No.16482 of 2015 SAI (CO) PSI (16.06.2015)

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https://hcservices.ecourts.gov.in/hcservices/

C.Eswari, v. The Government of Tamil Nadu

Case brief

What is this about?

What did the court decide?

C.Eswari, v. The Government of Tamil Nadu

Case brief

What is this about?

What did the court decide?

What the court decided

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