R.Prithiviraj vs The Government Of Tamilnadu
2023 Latest Caselaw 10739 Mad

                                                                    W.A.(MD) No.1347 of 2023



                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED :18.08.2023

                                                       CORAM:

                             THE HONOURABLE MR.JUSTICE S.S.SUNDAR
                                              and
                      THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

                                               W.A.(MD) No.1347 of 2023

                     R.Prithiviraj                                 ... Appellant/Petitioner
                                                         -vs-


                     1.The Government of TamilNadu,
                       Rep. by the Additional Chief Secretary,
                       Transport Department, Secretariat,
                       Chennai – 600 009.

                     2.The Managing Director,
                       Tamil Nadu State Transport Corporation (Madurai) Limited.,
                       Byepass Road,
                       Madurai – 625010.

                     3.The General Manager,
                       TNSTC (Madurai ) Limited,
                       Dindigul Region,
                       Dindigul – 624004.

                     4.The Tahsildhar,
                       Theni Taluk,
                       Theni District.                          ... Respondents/Respondents

                     Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside

                     the order, dated 11.02.2022, passed in W.P.(MD) No.2825 of 2022, on

                     the file of this Court.


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                                                                           W.A.(MD) No.1347 of 2023




                                   For Appellants        : Mr.N.Karthik Kanna
                                   For R-1 & R-4         : Mr.M.Lingadurai,
                                                           Special Government Pleader
                                   For R-2 & R-3        : Mr.J.Senthilkumaraiah



                                                    JUDGMENT

[Judgment of the Court was made by S.S.SUNDAR, J.]

This writ appeal is directed against the order of the

learned Single Judge, dated 11.02.2022, passed in

W.P.(MD) No.2825 of 2022.

2. The appellant filed a writ petition in W.P(MD)No.2825 of

2022 seeking for issuance of a Writ of Mandamus directing the second

and third respondents to take all the necessary proceedings and

disburse all the pensionary and monetary benefits to the writ

petitioner's family without insisting any other certificates for the writ

petitioner's name discrepancy in the service records of his deceased

father.

3. The appellant / writ petitioner is the son of the deceased

employee Late.S.Radhakrishnan. The facts relating to the

employment, retirement and death of said Radhakrishnan are not in

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issue. The writ petitioner's father died leaving behind his wife and

children including the writ petitioner, who is the son of the deceased.

4. The grievance of the writ petitioner is that the

retirement benefits had not been disbursed to the family of the

employee even though his father died while in service on 17.05.2021.

The respondents have no dispute with regard to the legal heirs of the

deceased. However, it appears that there is some discrepancy in the

appellant/writ petitioner's name as he is also known as Praveen.

On account of this discrepancy, the respondents had expressed

difficulty in disbursement of retirement benefit of the writ petitioner's

father. Therefore, the refusal to consider the request of the legal heirs

of the deceased employee on account of the discrepancy in the writ

petitioner's name, prompted the writ petitioner to file the writ petition.

5. The Writ Court vide order dated 11.02.2022 dismissed

the writ petition, with liberty to the writ petitioner to clarify the

discrepancy in his name.

6. When the writ appeal is taken up for hearing today, the

learned counsel appearing for respondents 2 and 3, fairly conceded

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before this Court that the appellant has obtained a civil Court decree

declaring that Prithiviraj and Praveen is one and the same person.

The relief of mandatory injunction for recording the correct name of

the writ petitioner was also granted by the civil Court in

O.S.No.125 of 2022. In these circumstances, the writ petitioner is

entitled to the relief prayed for in the writ petition.

7. The learned counsel appearing for the respondents

2 and 3, would also submit that the retirement benefits will be

disbursed in due course.

8. Considering the said submission, the respondents are

directed to disburse the retirement benefits to the appellant/writ

petitioner’s family, within a period of three months from the date of

receipt of a copy of this judgment.

9. With the above direction, this writ appeal is disposed of.

No Costs.

                                                          [S.S.S.R., J.]               [D.B.C., J.]
                                                                      18.08.2023
                     NCC            : Yes / No

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Index : Yes / No PM

To:

1.The Additional Chief Secretary, Government of TamilNadu, Transport Department, Secretariat, Chennai – 600 009.

2.The Tahsildhar, Theni Taluk, Theni District.

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S.S.SUNDAR, J.

and D.BHARATHA CHAKRAVARTHY, J.

PM

W.A.(MD) No.1347 of 2023

18.08.2023

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