Case Note & Summary
The petitioner, P. Tamilselvi, claiming to be the legally wedded wife of late Murugesan, a government employee, filed a writ petition under Article 226 of the Constitution of India seeking a mandamus directing the Commissioner of Treasuries and Accounts and the District Treasury Officer, Thoothukudi, to disburse the terminal benefits of the deceased employee, including gratuity, provident fund, death benefit fund, encashment of earned leave, and family pension. The petitioner had submitted a representation on 29.04.2022, but the benefits were not released. The respondents filed a counter affidavit admitting that the petitioner was entitled to the claimed amounts as the legally wedded wife, but the affidavit did not provide any details of disbursement. During the hearing on 05.02.2025, the court noted that a letter dated 14.11.2024 from the Treasury Officer, Thoothukudi, had been produced, which mentioned some payment details, but this information was not included in the counter affidavit. The court directed the respondents to file a detailed affidavit annexing the said letter and clarifying all amounts paid and unpaid to the petitioner. The petitioner's counsel was also directed to confirm whether any amount had been received and to file a rejoinder affidavit. The matter was adjourned for further proceedings, and no final determination on the merits was made in the available text. The third respondent, C. Kalaiarasi, was also represented but the nature of her interest is not specified in the provided material.
Headnote
A) Service Law - Terminal Benefits - Entitlement - Constitution of India, 1950, Article 226 - The petitioner, claiming to be the legally wedded wife of the deceased government employee, sought a writ of mandamus for disbursement of terminal benefits. The respondents' counter affidavit admitted her entitlement but did not specify whether any payments had been made. The court directed the respondents to file a detailed affidavit annexing a letter dated 14.11.2024 regarding payments and required the petitioner to confirm receipt of amounts and file a rejoinder. Held that the matter required clarification on actual disbursement before further orders (Paras 3).
Issue of Consideration
Whether the petitioner, as the legally wedded wife of the deceased government employee, is entitled to receive the terminal benefits including gratuity, provident fund, death benefit fund, encashment of earned leave, and family pension, and whether the respondents have already disbursed any part of the amount.
Final Decision
The court, after hearing, directed respondents 1 and 2 to file a detailed affidavit annexing the letter dated 14.11.2024 and clarifying all amounts paid and unpaid to the petitioner. The petitioner's counsel was directed to confirm receipt of any amount and file rejoinder. The matter was posted for further hearing.
