Madras High Court
Mrs.R.Sri Sakthi vs The State Of Tamil Nadu on 26 October, 2021
W.P.No.22787 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.10.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
W.P.No.22787 of 2021
(Through Video Conferencing)
Mrs.R.Sri Sakthi ... Petitioner
Vs.
1.The State of Tamil Nadu,
Represented by its Home Secretary,
Fort St. George, Chennai – 600 009.
2.The Director General of Police,
No.1, Dr.Radhakrishna Salai,
Mylapore, Chennai – 600 004.
3.The Superintendent of Police,
Kanchipuram District.
4.The Inspector General of Police Operations,
Chennai – 600 028. ... Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India, for
issuance of a Writ of Mandamus directing the second respondent to give
appointment in Government Services on compassionate grounds.
For Petitioner : Mr.K.Prasanthan
For Respondents : Mr.L.S.M.Hasan Fizal
Government Advocate
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Page No. 1 of 5
W.P.No.22787 of 2021
ORDER
Mr.L.S.M.Hasan Fizal, learned Government Advocate takes notice on
behalf of the respondents.
2. This writ petition is disposed at the time of admission considering
the fact that the petitioner's representation dated 05.07.2021 to the first and
second respondents have not evoked any response from the respondents so
far.
3. It is the case of the petitioner that the petitioner's husband died on
01.03.2019 due to natural cause while in service was also entitled for
compensation under the Tamil Nadu Police Insurance Scheme.
4. The learned counsel for the petitioner has drawn reference to the
decision of the Hon'ble Division Bench of this Court in W.A.No.1286 of
2014 dated 04.07.2018. He submits that dealing with an identical situation,
where the police officer while travelling on patrol duty developed chest pain
and died, the Hon'ble Division Bench of this Court in paragraphs 16 to 18
held as under:-
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W.P.No.22787 of 2021
“16. We make the position clear that the Tamil Nadu
Police Insurance Scheme Rules for Police Officers and Police
Personnel would cover even the cases of Police Personnel
who died while on duty and it is not restricted to accidental
death or permanent/partial disability arising out of
employment.
17. We direct the appellants to pay the compensation
awarded by the Writ Court to the respondent along with
interest @ 9% per annum from 1 July 2009, the date on
which the writ petition was filed by the respondent. The
amount with interest should be paid within a period of one
month from the date of receipt of a copy of this judgment.
18. The intra court appeal is dismissed without liability
to pay costs.”
5. The learned counsel for the petitioner further submits that the
petitioner is entitled for compensation in terms of the above decision of this
Court. The learned Government Advocate for the respondents submits that
there is no merits in the present writ petition. He submits that the said
decision is not applicable to the facts of the present case. I have considered
the arguments of the learned counsel for the petitioner and heard the learned
Government Advocate for the respondents. The order passed in
W.A.No.1286 of 2014 on 04.07.2018 squarely applies to the facts of the case.
Under these circumstances, the impugned orders dated 27.07.2020 and
25.09.2020 are quashed with a consequential direction to the second and
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W.P.No.22787 of 2021
third respondents to pass appropriate orders in accordance with law and on
merits factoring the decision of the Hon'ble Division Bench of this Court in
W.A.No.1286 of 2014, within a period of twelve weeks from the date of
receipt of a copy of this order.
6. This Writ Petition stands allowed with the above observations. No
costs.
26.10.2021
Index : Yes/No
Internet : Yes/No
Speaking/Non-speaking Order
arb
To
1.The Home Secretary,
Government of Tamil Nadu,
Fort St. George, Chennai – 600 009.
2.The Director General of Police,
No.1, Dr.Radhakrishna Salai,
Mylapore, Chennai – 600 004.
3.The Superintendent of Police,
Kanchipuram District.
4.The Inspector General of Police Operations,
Chennai – 600 028.
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https://www.mhc.tn.gov.in/judis
W.P.No.22787 of 2021
C.SARAVANAN, J.
arb
W.P.No.22787 of 2021
26.10.2021
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