Son sought terminal benefits with 24% interest for his deceased teacher mother. Government disbursed all remaining benefits to him after he produced the sister's death certificate and brother's relinquishment letter. Court held the cause did not survive and dismissed the petition.
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W.P.No.9700 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS RESERVED ON : 17.11.2023 PRONOUNCED ON : 17. 04.2024
CORAM:
THE HON'BLE Dr. JUSTICE D.NAGARJUN
W.P.No.9700 of 2015
S.Kumuda ...Petitioner
versus
Prayer: This Writ petition has been filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus to direct the respondents 1 to 3 to pay the petitioner's mother terminal benefits with 24% interest per annum to the
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petitioner.
For Petitioner : Mr.K.Srinivasan
For Respondents : Mr.R.U.Dinesh Raj Kumar Additional Government Pleader for R1 & R2
ORDER
This Writ Petition is filed by one of the sons of the employee by name N.
Jayammal who died on 21.04.1996, seeking for direction to the respondents 1 to
3 to pay the terminal benefits with interest at the rate of 24% per annum.
who was working as a Secondary Grade Assistant Teacher in Sri Varadam Government Higher Secondary School at Manjakuppam in Cuddalore, died of heart attack on 21.04.1996, leaving behind petitioner, sister of the petitioner by name G.Kuppu and bother of the petitioner by name Subramaniya Raja, in all three legal heirs.
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years and her whereabouts is not known. Petitioner's brother Subramaniya Raja joined the Government service as a Teacher and working as Post Graduate Teacher and he never shown any interest in claiming the terminal benefits of the deceased petitioner mother and he is not cooperating with the petitioner for claiming the terminal benefits, thereby he is shown as one of the respondents.
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affidavit on behalf of the respondents 1, 2 and 3, stating that on 17.04.1997, the Death Cum Retirement Gratuity (DCRG) of the deceased was disbursed in favour of deceased daughter. The GPF of the deceased was settled among the three legal heirs on 14.10.1997. However, SPF, earmarked for the deceaseds daughter by name Kuppu, remained unclaimed due to her disappearance for the last 13 years. The petitioner has approached the respondent on 27.08.2015, with a consent letter given by her brother relinquishing his rights over the death cum retirement benefits of the deceased and the petitioner has also submitted death certificate of the sister by name Kuppu on 23.10.2015. The death cum retirement benefits whatever to be paid to the legal heirs of the deceased employee could not be paid along with DCRG and GPF as there were disputes among the legal heirs of the deceased children and the children of the deceased have committed inordinate delay in submitting all required documents. Soon after receiving required documents on 28.10.2015, all pending terminal benefits were disbursed to them on 01.02.2016, thereby subsequent to 01.02.2016, there was nothing to be paid to the deceased.
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| Sl. No |
Name of terminal benefits |
Bill No. & Treasury D.D. Date |
Amount claimed & disbursed |
Legal Heirs | Remarks |
|---|---|---|---|---|---|
| 1 | DCRG | B.No.3/97-98. DD Dt. 17.4.97 B. No.40/97-98 DD. Dt.17.10.97 |
Rs.67,900- + Rs.5,000 Rs.72.900- |
Selvi G. Kuppu (1 legal heir) |
As per SR nominatio n |
| 2 | GPF | B.No.41/97-98 Each DD. Dt. 9.10.97 |
Rs.7,139 Rs.7,139 Rs.7,139 Rs.21417/- |
1. Selvi G.Kuppu 2.Tmt. S.Kumutha 3.G.Subramaniy a Raja |
Equally divided |
8. The details of remaining benefits including Leave Salary, SPF
subscription, SPF interest, FBF are as under:
| Sl.N o |
Name of term benefits |
inal | Bill No and EC | S | encashment | date | Amount claimed & disbursed to the petitoner |
|---|---|---|---|---|---|---|---|
| 1 | Salary for 21 from 1.4.199 21.4.1996 |
days 6 to |
B.No.150/2015 19.02.2016 |
Encashed | on: | Rs.4142/- | |
| 2 | SPF- 1984 – subscription |
SPF- | B.No.124/2015 18.10.2016 |
Encashed | on | Rs.2900/- | |
| 3 | SPF-1984- Interest |
SPF | B.No.125/2015 18.01.2016 |
Encashed | on: | Rs.1962/- | |
| 4 | FBF | B.No.126/2015 20.01.2016 |
Encashed | on: | Rs.1,00,000/- |
Therefore, the learned counsel has sought for closure of this Writ Petition.
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of any administrative lapse on the part of the Government. Out the three legal heirs, one petitioner's sister by name Kuppu was found missing since long time and her whereabouts were not known, however, ultimately the petitioner has filed her death certificate before the authorities on 28.10.2015 to show that Kuppu died on 23.10.2015. Similarly on 28.10.2015 itself, the petitioner has filed another document to show that the petitioner brother has relinquished his rights in balance of death and terminal benefits in favour of the petitioner.
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Therefore, subsequent to filing of the Writ Petition only, the petitioner could file two documents pertaining to the death of the petitioner's sister Kuppu and petitioner's brother relinquishing his rights in the terminal and death benefit of the deceased employee in favour of the petitioner, thereby the petitioner has become sole person who is entitle to receive the retirement and other benefits belonging to the deceased employee. On considering the same, according the counter, the respondent Government has disbursed all the benefits to the petitioner on 01.02.2016 and the same was not disputed by the petitioner. Once the respondents have paid all the terminal benefits of the deceased employee in favour of the petitioner, cause does not survive any more further to prosecute this Writ Petition, and the Writ Petition is liable to be dismissed.
17.04.2024
Index : Yes / No Speaking/Non-speaking Order Neutral Citation: Yes/No jai
To 1. The Director of School of Higher Education, Nungambakkam, Chennai.
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W.P.No.9700 of 2015
Dr.D.NAGARJUN, J. jai
Pre-Delivery Order W.P.No.9700 of 2015
17.04.2024
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1 issue framed by the court
Whether terminal benefits of a deceased teacher could be directed to be paid to her son with interest despite prior partial disbursement and disputes among legal heirs.
1 provisions across 1 enactments
S.Kumuda
The Director of School of Higher Education, Nungambakkam, Chennai
The Chief Educational Officer, Cuddalore District, Cuddalore
The Headmaster, Sri Varadam Girls Hr. Sec. School, Manchakkuppam, Cuddalore District
G. Subramaniya Raja
D.Nagarjun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
