Madras High Court
K.Savithri (Died) vs The Chief Secretary To Government on 8 June, 2022
W.P.No.28512 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.06.2022
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.28512 of 2014
1.K.Savithri (died)
2.K.Shila
3.K.Kalimuthu ... Petitioners
nd rd
(2 and 3 petitioners impleaded vide order
dated 08.06.2022, made in WMP No.19135 of 2021)
Vs.
1.The Chief Secretary to Government
Chief Secretariat, Puducherry – 605 001.
2.The Secretary to Government
(Public Works),
Chief Secretariat, Puducherry – 605 001.
3.The Chief Engineer,
Public Works Department,
Puducherry – 605 001.
4.The Block Development Officer,
Block Development Officer,
Nehru Nagar, Karaikal – 609 605. ... Respondents
PRAYER: This Writ Petition is filed under Article 226 of the Constitution
of India praying for an issuance of a Writ of Mandamus, directing the
respondents to issue the 2nd Financial conferment order, conferring the pre-
1/6
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W.P.No.28512 of 2014
revised hierarchical upgraded scale of Rs.10,000-325-15,200/- in the name
of late Thiru G.Kaliaperumal (late husband of the first petitioner herein)
under the Assured Career Progression Scheme (ACPS), 1999, with effect
from 09.08.1999 with pay, pension and family pension perquisites and to
pass such further order or any other directions as deem fit and proper in the
circumstances of the case.
For Petitioners : Mr.N.Thiagarajan
For Respondent : Mr.G.D.Jearany
Nos. 1 to 4. Government Advocate.
ORDER
The relief sought for in the present writ petition is to direct the
respondents to issue the second financial conferment order, conferring the
pre-revised hierarchical upgraded scale of Rs.10,000-325-15,200/- in the
name of late Thiru.G.Kaliaperumal (late husband of the first petitioner
herein) under the Assured Career Progression Scheme (ACPS), 1999, with
effect from 09.08.1999 with pay, pension and family pension perquisites.
2.The first petitioner states that her husband late G.Kaliaperumal
entered into the Government service on 14.08.1966 as Draughtsman in the
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W.P.No.28512 of 2014
Public Works Department, Government of Puducherry. The post was
redesignated as Junior Engineer. The husband of the first petitioner attained
Superannuation and retired from service on 30.04.2003. Subsequently, he
died on 19.12.2011 without even receiving the regular pension. When the
husband of the first petitioner was in service, a criminal case was registered
against him on the file of the Additional Sessions Court, Puducherry, at
Karaikal, in C.C.No.1 of 1996. The husband of the first petitioner was
placed under suspension, however, the criminal case was ended with an
order of conviction of simple imprisonment for six months with a fine of
Rs.3,500/- by judgment dated 29.12.2006. The husband of the first
petitioner filed a criminal appeal in C.A.No.37 of 2007 and the order of
conviction was set aside by the High Court by judgment dated 01.03.2010.
Accordingly, the husband of the first petitioner was acquitted. The husband
of the first petitioner died even before receiving the regular pension.
3.The present writ petition has been filed seeking revision of scale of
pay based on the Assured Career Progression Scheme (ACPS), 1999.
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W.P.No.28512 of 2014
4.The learned counsel for the petitioners made a submission that the
husband of the first petitioner submitted a representation on 14.09.2010
itself and the said representation was not considered by the competent
authority during the relevant point of time. However, the fact remains that
the employee though submitted the representation to the authority, had not
pursued the remedy till his death i.e. on 19.12.2011. Thereafter, the first
petitioner, who is wife of the deceased employee, filed the present writ
petition seeking the benefits of the scheme of the year 1999.
5.The learned counsel for the petitioners made a further submission
that the first petitioner also died and now, the legal heirs are entitled for
claiming the benefits.
6.In view of the fact that the employee died in the year 2011 and the
first petitioner/wife of the employee filed the writ petition in the year 2014
and during the pendency of the writ petition, she also died, the legal heirs
are at liberty to pursue the representation submitted by the deceased
employee and in the event of any such approach by the legal heirs, the
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W.P.No.28512 of 2014
authorities competent are bound to verify the eligibility and the entitlement
and take a decision and pass appropriate orders on merits and in accordance
with law as expeditiously as possible.
7.Accordingly, the writ petition is disposed of. No costs.
Index : Yes / No 08.06.2022
Internet: Yes /No
sms/sli
To
1.The Chief Secretary to Government
Chief Secretariat, Puducherry – 605 001.
2.The Secretary to Government
(Public Works),
Chief Secretariat, Puducherry – 605 001.
3.The Chief Engineer,
Public Works Department,
Puducherry – 605 001.
4.The Block Development Officer,
Block Development Officer,
Nehru Nagar, Karaikal – 609 605.
https://www.mhc.tn.gov.in/judis
W.P.No.28512 of 2014
S.M.SUBRAMANIAM,J.
sms/sli
W.P.No.28512 of 2014
(2/2)
08.06.2022
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