Allowed

H.Saravanan v. the District Collector

Madras HC2 Nov 2023WP/28993/2023

Case brief

AI extract

What is this about?

In a writ petition, the High Court held that since criminal proceedings against the deceased petitioner's father had abated, the respondents were directed to disburse Death-cum-Retirement Gratuity and family pension to the legal heirs.

What did the court decide?

Direction to the first respondent to disburse Death-cum-Retirement Gratuity and family pension to the legal heirs within three months.

H.Saravanan Vs the District Collector — Pension and Retirement Benefits | Madras HC (2023)

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W.P.No.28993 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 02.11.2023

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CORAM:

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THE HONOURABLE MR.JUSTICE M.S.RAMESH

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W.P.No.28993 of 2023

H.Saravanan

...Petitioner

-Vs-

The District Collector. District Collector Office, Krishnagiri, Krishnagiri District.

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The Board Development Officer, Union Panchayat, Thali, Krishnagiri District.

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...Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents to provide monetary benefits to the petitioner family by considering the representation dated 13.06.2023.

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For Petitioner : Mr.V.Balamurugan

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For Respondents : Mrs.V.Yamuna Devi Special Government Pleader For R.1 Mr.R.P.Murugan Raja

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For R.2

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1/4

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

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W.P.No.28993 of 2023

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ORDER

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Heard Mr.V.Balamurugan, learned Senior counsel for the petitioner, Mrs.V.Yamuna Devi, learned Special Government Pleader for the first respondent and Mr.R.P.Murugan Raja, learned Government Advocate for the second respondent.

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The petitioner is the son of one Hariputhiran who was employed as

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Road Inspector under the respondent and implicated in a criminal case in Cr.No.10 of 1989 which culminated into C.C.No.159 of 2016 on the file of Judicial Magistrate, Krishnagiri. During the pendency of the criminal case, the petitioner's father Hariputhiran died on 19.10.2017. Apparently, the criminal proceedings against the petitioner's father had abated. While the petitioner's father was in service, he was placed under suspension and was not permitted to retire in view of pendency of criminal proceedings.

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3. Now that the criminal proceedings itself has abated, the deceased

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employee's legal heirs would be entitled to receive the Death-cum-Retirement

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2/4

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

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W.P.No.28993 of 2023

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Gratuity (DCRG) benefits of late Hariputhiran.

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4. In view of the above finding and observations, there shall be a direction to the first respondent herein to forthwith pass orders disbursing the Death-cum-Retirement Gratuity (DCRG) benefits, including family pension to the legal heirs of late Hariputhiran, within a period of three months from the date of receipt of a copy of this order.

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

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02.11.2023

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Index:Yes/No Internet:Yes/No sr

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The District Collector. District Collector Office, Krishnagiri, Krishnagiri District.

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The Board Development Officer, Union Panchayat, Thali, Krishnagiri District.

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3/4

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

W.P.No.28993 of 2023

M.S.RAMESH,J.

W.P.No.28993 of 2023

02.11.2023

4/4

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

H.Saravanan v. the District Collector

Case brief

What is this about?

What did the court decide?

H.Saravanan v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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