Allowed

Tamilselvi v. the Chief Secretary to Government

Madras HC23 Nov 2022WP(MD)/4353/2022

Case brief

AI extract

What is this about?

In a writ petition filed by the wife of a deceased lecturer, the Madurai Bench of the Madras High Court directed the relevant authorities to quantify and disburse the termination benefits of the deceased employee within twelve weeks, with interest on delayed payments.

What did the court decide?

Directed the third respondent to quantify and disburse retirement and terminal benefits within twelve weeks from receipt of the order; 6% interest if delayed.

Tamilselvi Vs the Chief Secretary to Government — Pension and Retirement Benefits | Madras HC (2022)

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W.P(MD)No.4353 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 23.11.2022

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

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W.P(MD)No.4353 of 2022

Tamilselvi

... Petitioner

Vs.

1.The Chief Secretary to Government,

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Higher Education Department,

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9^th Floor, EVK Sambath Buildings, College Road, Chennai-600 006.

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2.The Director of Collegiate Education, 9^th Floor, EVK Sambath Buildings, College Road, Chennai-600 006.

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3.The Registrar, Annamalai Univesity, Chidambaram, Cuddalore District.

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4.The Principal Government Arts and Science College, Kovilpatti, Thoothukudi District. ... Respondents

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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 1 to 4 to disburse all the retirement and terminal benefits viz., Gratuity, Provident

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https://www.mhc.tn.gov.in/judis 1/4

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W.P(MD)No.4353 of 2022

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Fund and other benefits, due to the petitioner's husband within a time frame along with statutory interest as this Court may fixed time.

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For Petitioner : Mr.S.Prabhu For R1, R2 & R4 : Mr.

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ORDER

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Heard the learned counsel on either side.

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The writ petitioner is the wife of one Ponnulingam. He was appointed as Lecturer in Physical Education and Sports Science in Annamalai University on 28.01.2005. The copy of the appointment order has been enclosed in the typed set of papers. He was identified as surplus teacher and deputed to work in the fourth respondent college. The deputation period started from 02.02.2018 to 11.06.2021. When he was serving in the fourth respondent institution, pandemic struck and Ponnulingam died due to Covid-19.

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All that the petitioner seeks disbursement of her husband's retirement and terminal benefits.

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The learned Special Government Pleader informs the Court that the service particulars and register regarding Ponnulingam have also been sent to the Annamalai University.

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https://www.mhc.tn.gov.in/judis

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2/4

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W.P(MD)No.4353 of 2022

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The petitioner has also enclosed the legal heir certificate. It indicates

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that two children namely Surya and Pavitra were born to the couple. Both of them have attained majority.

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The third respondent is directed to quantify the benefits payable to the legal heirs of late Ponnulingam and disburse the same within a period of twelve weeks from the date of receipt of a copy of this order. If disbursement is made within twelve weeks, it will not carry any interest. If there is delay, then disbursement will carry interest at the rate of 6% per annum with effect from 11.09.2021.

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It is stated by the learned standing counsel for Annalamalai University that a sum of Rs.3,00,000/- and a sum of Rs.13, 060/- has already been paid towards Family Benefit Fund and Special Provident Fund respectively. If there is any balance amount to be paid, it shall be disbursed within the aforesaid period.

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The Writ Petition is allowed. No costs.

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23.11.2022

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Index : Yes / No Internet : Yes/ No rmi

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https://www.mhc.tn.gov.in/judis

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3/4

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W.P(MD)No.4353 of 2022

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G.R.SWAMINATHAN, J.

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rmi

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W.P(MD)No.4353 of 2022

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23.11.2022

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https://www.mhc.tn.gov.in/judis 4/4

Tamilselvi v. the Chief Secretary to Government

Case brief

What is this about?

What did the court decide?

Tamilselvi v. the Chief Secretary to Government

Case brief

What is this about?

What did the court decide?

What the court decided

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