Case Note & Summary
The petitioner, P. Tamilselvi, filed a writ petition under Article 226 of the Constitution of India seeking a mandamus to direct the Commissioner of Treasuries and Accounts and the District Treasury Officer, Thoothukudi, to disburse the terminal benefits of her deceased husband, Late Murugesan. She claimed she was his legally wedded wife and had submitted a representation dated 29.04.2022, which was not acted upon. During the hearing on 05.02.2025, the learned counsel for the petitioner submitted that the amounts had not been paid. The Additional Government Pleader for the respondent authorities filed a counter affidavit admitting that the petitioner was entitled to the claimed amounts and that there was no dispute about her status as the legally wedded wife. However, the counter affidavit did not detail the disbursement. A Treasury Officer’s letter dated 14.11.2024 was produced before the court, indicating some payment details, but it was not part of the counter affidavit. The court noted the discrepancy and directed the authorities to file a detailed affidavit annexing that letter and clarifying all payments made and remaining unpaid. The court also directed the petitioner’s counsel to confirm whether the petitioner had received the amounts mentioned in the letter and to file a rejoinder. The matter was adjourned to ensure compliance. The final adjudication on the writ petition was not concluded in the available text, and the ultimate decision remains unknown.
Headnote
A) Service Law – Terminal Benefits – Entitlement of Legally Wedded Wife – Constitution of India, 1950, Article 226 – The petitioner, as the legally wedded wife of a deceased government servant, sought a writ of mandamus for disbursement of terminal benefits including gratuity, provident fund, death benefit fund, earned leave encashment, family pension, and other benefits. The respondents admitted her entitlement in their counter affidavit but had not fully disbursed the amounts. An interim order dated 05.02.2025 directed the respondents to file a detailed affidavit annexing a Treasury Officer’s letter dated 14.11.2024 regarding payment details and directed the petitioner to confirm receipt. Held, interim directions issued to ensure compliance with admitted claims. (Paras 2-3)
Issue of Consideration
Whether the petitioner is entitled to a writ of mandamus directing the respondents to disburse the terminal benefits of Late Murugesan
Law Points
- Writ of mandamus for enforcement of admitted entitlement
Case Details
2025 LawText (MAD) (03) 243
W.P.(MD) No.22507 of 2022
P. Selvakamatchi, D. Sadiq Raja, R. Karunanithi
1. The Commissioner, Commissionorate of Treasuries and Accounts, Chennai; 2. The District Treasury Officer, Thoothukudi; 3. C. Kalaiarasi
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Nature of Litigation
Writ petition under Article 226 seeking mandamus for disbursement of terminal benefits.
Remedy Sought
Petitioner sought a writ of mandamus directing respondents 1 and 2 to disburse terminal benefits of her deceased husband, late Murugesan, based on her representation dated 29.04.2022.
Filing Reason
Non-disbursement of terminal benefits despite petitioner being legally wedded wife and entitled to them.
Previous Decisions
On 05.02.2025, the Court directed respondents to file a detailed affidavit annexing the Treasury Officer’s letter dated 14.11.2024 regarding payment details, and for petitioner to confirm receipt.
Issues
Whether the petitioner is entitled to the writ of mandamus directing the respondents to disburse the terminal benefits of Late Murugesan.
Submissions/Arguments
Petitioner's counsel submitted that the petitioner is the wife of Late Murugesan and the claimed amounts have not been paid.
Respondent authorities filed a counter affidavit admitting the petitioner's entitlement and that she is the legally wedded wife, but did not provide details of disbursement; a Treasury Officer letter detailing some payments was produced.
Petitioner directed to confirm receipt of amounts mentioned in the Treasury Officer's letter and to file a rejoinder.
Judgment Excerpts
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.
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.
Procedural History
Petitioner filed representation dated 29.04.2022 for terminal benefits of her deceased husband, Late Murugesan. Writ petition W.P.(MD) No.22507 of 2022 was filed seeking mandamus. On 05.02.2025, the court passed an interim order directing respondents to file a detailed affidavit regarding disbursement and directing petitioner to confirm receipt of payments. Matter was listed for further hearing on 18.03.2025.
Acts & Sections
- Constitution of India, 1950: Article 226
