Madras High Court
P.Tamilselvi vs The Commissioner on 18 March, 2025
W.P.(MD)No.22507 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 18.03.2025
CORAM
THE HONOURABLE MR.JUSTICE SHAMIM AHMED
W.P.(MD) No.22507 of 2022
P.Tamilselvi ... Petitioner
vs.
1.The Commissioner,
Commissionerate of Treasuries and Accounts,
Integrated Complex for Finance Department,
3rd Floor, Veterinary Hospital Campus,
Anna Salai,
Nandanam,
Chennai 600 035.
2.The District Treasury Officer,
Thoothukudi District,
Collectorate, Thoothukudi - 628 002.
3.C.Kalaiarasi ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Mandamus, directing the respondents 1 and 2 to disburse
the terminal benefits of late.Murugesan, viz, Gratuity, Provident Fund, Death
Benefit Fund, Encashment of Earned Leave, Family Pension and other benefits
to the petitioner by considering the Petitioner's representation dated 29.04.2022
within the time fixed by this Court.
1/11
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W.P.(MD)No.22507 of 2022
For Petitioner : Mr.P.Selvakamatchi
For Respondents : Mr.D.Sadiq Raja
Additional Government Pleader
For R-1 & R-2
Mr.R.Karunanithi
For R-3
ORDER
Heard Mr.P.Selvakamatchi, learned counsel for the Petitioner, Mr.D.Sadiq
Raja, learned Additional Government Pleader for the Respondents 1 & 2 and
Mr.R.Karunanithi, learned counsel for the 3rd Respondent.
2. This Writ Petition has been filed under the Article 226 of the
Constitution of India, to issue a Writ of Mandamus, directing the respondents 1
and 2 to disburse the terminal benefits of late.Murugesan, viz, Gratuity,
Provident Fund, Death Benefit Fund, Encashment of Earned Leave, Family
Pension and other benefits to the petitioner by considering her representation
dated 29.04.2022 within the time fixed by this Court.”
3. When the matter was taken up for hearing on 05.02.2025, this Court
passed the following order:
“Mr.P.Selvakamatchi, learned counsel for the petitioner submits
that the petitioner is the wife of late.Murugesan and the amount,
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which has been claimed in the prayer clause, has not been
paid, whereas Mr.D.Sadiq Raja, learned Additional Government
Pleader for the respondents 1 and 2 had filed a counter affidavit
and in paragraph No.7, it has been admitted that the petitioner
is entitled for the amount, which was claimed by her and there is
no dispute in the counter affidavit that the petitioner is not a
legally wedded wife of late.Murugesan. But in the entire counter
affidavit, nothing had been stated regarding the disbursement of
the above amount to the petitioner, whereas today one paper
has been produced before this Court, which was signed by the
Treasury Officer, Thoothukudi dated 14.11.2024, in which,
some details of payment are mentioned, but the same is not in
the counter affidavit.
2. Accordingly, the learned Additional Government Pleader for
the respondents 1 and 2 is directed to file a detailed affidavit
annexing the letter dated 14.11.2024 issued by the Treasury
Officer, Thoothukudi, in which details of payment given to the
petitioner have been mentioned and also all other amount,
which has not been paid to the petitioner. This affidavit should
be filed by the Officer in-charge of the Department within a
period of 10 days from today.
3. The learned counsel for the petitioner is directed to confirm
from his client whether she has received the amount, which was
mentioned in the letter dated 14.11.2024 or not? He may also
file a rejoinder affidavit in this regard.
4. Put up this case 'for orders' on 19.02.2025 before the
appropriate Bench.”
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4. When the matter was taken up for hearing on 19.02.2025, this Court
passed the following order:
“In pursuance of the order dated 05.02.2025, the second
respondent has filed a counter affidavit giving the details of the
payment made to the petitioner and in paragraph No.2 of the
counter affidavit, it had been stated that Death-cum Retirement
Gratuity amounting to Rs.15,15,277/- was not paid, since
O.S.No.72 of 2022 on the file of District Munsif Court,
Thoothukudi is pending filed by the third respondent-mother of
the deceased.
2. Further, the second respondent in his counter affidavit had
clearly stated that Family Benefit Fund, Encashment of Earned
Leave, Encashment of Unearned Leave of Private Affairs,
Special Provident Fund, General Provident Fund were already
given to the petitioner. Further, it is stated that a letter has been
sent by the Treasury Officer, Thoothukudi to the Accountant
General Office, Chennai vide R.C.No.269/2022/A1 dated
07.02.2025 for re-validation of the authorization and after
receiving the re-validation in respect of the balance amount of
DCRG to the sum of Rs.15,25,277/-.
3. Mr.P.Selvakamatchi, learned counsel for the petitioner
also filed an affidavit on behalf of the petitioner/wife stating that
except Death cum Retirement Gratuity, the petitioner has been
granted the following benefits:-
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S.No DETAILS AMOUNT RECEIVED ON
1 Family Benefit Fund 25,000.00 22-04-2022
4,75,000.00 08-07-2024
2 General Provident Fund 6,45,781.00 14-09-2023
3 Special Provident Fund 10,059.00 06-06-2024
4 Encashment of Earned 5,89,424.00 07.06.2024
Leave
5 Encashment of Un Earned 2,21,034.00 07.06.2024
Leave on Private Affairs
6 Duty Pay for Jan, 2022 55,734.00 07.06.2024
7 Family Pension Granted 07.06.2024
4.Both the affidavits filed by the petitioner and the third
respondent are on record.
5.Mr.R.Karunanithi, learned counsel for the third respondent
submits that the third respondent is the mother-in-law of the
petitioner and mother of the deceased. Thus, it was submitted
that the third respondent is also entitled to get some benefits
from the dues payable to her deceased son. He has also filed a
counter affidavit on behalf of the third respondent, C.Kalaiarasi,
on 26.11.2024.
6. The third respondent has produced an order passed by
the coordinate Bench of this Court in W.P.(MD)No.18047 of
2023 dated 11.09.2022, in which this Court was pleased to
observe as under:-
“5.The submission made by the learned Special
Government Pleader is not sustainable, since the
mother/petitioner, being a senior citizen and one of the
four legal heirs of the deceased Subramanian, she is
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entitled to ¼ th share in the all the terminal and
pensionary benefits of her son.”
7. After considering the arguments advanced by the learned
Counsel for the parties and after perusal of the counter
affidavits filed by the respondents 1 and 2 and the affidavit filed
by the petitioner and after perusing the judgment cited supra
and considering the fact that the third respondent is the mother
and she has taken full responsibility in respect of the husband
of the petitioner, who is the real son of the third respondent and
she has given love and affection and all the benefits, as her son
required to attain this job and considering the principles of
equity and principles of natural justice, this Court is of the view
that the third respondent/mother is entitled to get some financial
assistance from the amount due by the respondents 1 and 2 to
the son of the third respondent, as it has been submitted by the
learned counsel for the second respondent that an amount of
Rs.17,50,000/- has already been paid to the petitioner and only
the DCRG amount to the tune of Rs.15,25,277/- due to be paid
and proceeding in this aspect is going on and a letter in this
regard has also been sent by the Treasury Officer, Thoothukudi
to the Accountant General Office, Chennai for re-validation of
the authorization.
8.Mr.D.Sadiq Raja, learned Additional Government Pleader
for the respondents 1 and 2 also submits that some amounts
may also be paid to the third respondent, who is the real mother
of the deceased husband of the petitioner, as the mother-in-law
is taking care of the two children of the deceased and giving
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her love and affection to them.
9.Thus, this Court directs the respondents 1 and 2 to give
Rs.7,00,000/- to the third respondent, namely, C.Kalaiarasi and
Rs.8,15,277/- to the writ petitioner, P.Tamilselvi. From the
balance amount of DCRG to the sum of Rs.15,25,277/- the
second respondent may disburse the aforesaid amount by way
of Bank Draft/Cheque to the petitioner as well as to the third
respondent, which shall be handed over to the petitioner as well
as the third respondent in front of this Court on the next hearing
date.
10.Put up this case ‘for orders’ before this Court on
18.03.2025. Let a copy of this order be issued to Mr.D.Sadiq
Raja, learned Additional Government Pleader for the
respondents 1 and 2 for its necessary compliance and
information.”
5. In compliance with the order passed by this Court on 19.02.2025,
Mr.D.Sadiq Raja, learned Additional Government Pleader for the Respondents
1 and 2, has produced a copy of the statement issued by the DCRG Treasury,
Government of Tamil Nadu. The statement indicates that the Petitioner,
P. Tamilselvi, wife of the late Murugesan, has been credited a final amount of
Rs. 8,15,277/- (Rupees Eight Lakh Fifteen Thousand Two Hundred Seventy
Seven only) in her bank account bearing Account No. 11910100223525
maintained with Federal Bank, Tuticorin Branch, today ie., on 18.03.2025.
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Furthermore, the statement shows that C. Kalaiarasi, the mother-in-law of the
Petitioner and the mother of the deceased Murugesan, has been credited an
amount of Rs. 7,00,000/- (Rupees Seven Lakh only) in her bank account
bearing Account No. 10237776900 maintained with State Bank of India,
Tuticorin Bazar Branch, today ie., on 18.03.2025. The copy of the transaction
statement has been taken on record and furnished to the learned counsel for
the Petitioner.
6. The learned Additional Government Pleader submits that the directions
issued by this Court vide order dated 19.02.2025 in the present Writ Petition
have been fully complied with, and both parties are satisfied with the payment.
Therefore, he requests that the Writ Petition be disposed of accordingly.
7. The Petitioner, P. Tamilselvi, who is present before this Court today,
submits that she has received a total amount exceeding Rs. 28 lakhs, which
constitutes the dues of her late husband. The 3 rd Respondent, C. Kalaiarasi,
who is also present today before this Court, submits that she has received an
amount of Rs. 7 lakhs today, as directed by this Court in its order dated
19.02.2025. Therefore, the learned counsel for the Petitioner and the learned
counsel for the 3rd Respondent jointly submit that, since the order passed by
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this Court on 19.02.2025 in the present Writ Petition has been fully complied
with, the Writ Petition may be disposed of accordingly.
8. Accordingly, after considering the arguments advanced by the learned
counsels for the parties, and after perusal of the statement issued by the DCRG
Treasury, Government of Tamil Nadu, as well as the beneficiary details, this
Court is satisfied that the amounts have been credited to the accounts of the
Petitioner and the 3rd Respondent, as directed by this Court in its order dated
19.02.2025.
9. As the directions issued by this Court dated 19.02.2025 have been fully
complied with by Respondents 1 and 2, the Writ Petition stands disposed of.
There shall be no order as to costs. The file is consigned to the record.
Index :Yes / No 18.03.2025
Internet :Yes / No
NCC :Yes / No
Nsr
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To:
1.The Commissioner,
Commissionerate of Treasuries and Accounts,
Integrated Complex for Finance Department,
3rd Floor, Veterinary Hospital Campus,
Anna Salai,
Nandanam,
Chennai 600 035.
2.The District Treasury Officer,
Thoothukudi District,
Collectorate, Thoothukudi 628 002.
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SHAMIM AHMED, J.
Nsr
18.03.2025
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