Madras High Court
P.Murugesan (Died) vs The Commissioner on 22 April, 2025
Author: S.Srimathy
Bench: J.Nisha Banu, S.Srimathy
W.A(MD)No.993 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 22.04.2025
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
and
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.A(MD)No.993 of 2025
P.Murugesan (died),
M.Nateshwari,
W/o.Late P.Murugesan,
H.112, TNHB Colony,
Ellis Nagar,
Madurai – 625 016. ... Appellant/Third Party
Vs.
1.The Commissioner,
Treasuries and Accounts Department,
Panagal Building,
Second Floor,
Anna Salai,
Chennai – 15.
2.The Secretary to the Government,
Finance Department,
Treasuries and Accounts,
Secretariat,
St. George Fort,
Chennai – 9. ... Respondents/Respondents
1/6
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W.A(MD)No.993 of 2025
PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent against the
order dated 12.03.2020 made in W.P(MD)No.2433 of 2013 on the file of this
Court.
For Appellant : Mr.S.Balamurugan
For Respondents : Mrs.D.Farjana Ghousia
Special Government Pleader
JUDGMENT
(Judgment of the Court was delivered by S.SRIMATHY, J.)
Challenging the order passed by the Writ Court dated 12.03.2020 in
W.P.(MD) No.2433 of 2013, the appellant, a third party, has filed the present Writ
Appeal.
2.The appellant’s husband, P. Murugesan, had filed a Writ Petition
seeking to quash the order of dismissal passed by the second respondent in
G.O.Ms.No.144, dated 30.04.2012, and for a direction to the respondents to
disburse all emoluments and retirement benefits due to him.
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3.The Writ Court, after considering the materials available on record,
dismissed the Writ Petition by its order dated 12.03.2020.
4.After the passing of the order in the Writ Petition, the writ
petitioner, P. Murugesan, passed away. The appellant, his wife, has now
approached this Court seeking the terminal benefits accrued to her deceased
husband.
5.Heard the learned counsel appearing on either side and perused the
materials placed before this Court.
6.It is settled proposition of law that even though the employee was
dismissed from service, he is entitled to Provident Fund, Leave Encashment, and
other admissible benefits. Therefore, the respondents are directed to disburse the
benefits accrued and available to the deceased employee. The same shall be paid
to the appellant within a period of twelve (12) weeks from the date of receipt of a
copy of this order.
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7.With the above direction, this Writ Appeal is disposed of. There
shall be no order as to costs.
[J.N.B.,J.] & [S.S.Y.,J.]
22.04.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes
ps
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To
1.The Commissioner,
Treasuries and Accounts Department,
Panagal Building,
Second Floor,
Anna Salai,
Chennai – 15.
2.The Secretary to the Government,
Finance Department,
Treasuries and Accounts,
Secretariat,
St. George Fort,
Chennai – 9.
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J.NISHA BANU, J.
and
S.SRIMATHY, J.
ps
ORDER MADE IN
DATED : 22.04.2025
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