O R D E R

The petitioner has filed the above writ petition praying for a Writ of Certiorarified Mandamus to call for the records of the 4th respondent in proceedings No.Na.Ka.No.Oivudhiyam (Va.Ma)/211/9212/2015 dated 07.03.2017 and No: Na.Ka.No.Oivudhiyam (Va.Ma)/211/9212/2015 dated 16.03.2017 and quash these orders and consequently direct the 6th respondent to pay the husband's arrears of salary, pension, terminal benefits and all other service benefits to him within a stipulated period.

2. The facts of the case in a nutshell:-

The case of the petitioner is that her late husband joined in the service as a Police Constable on 12.09.1986 and married her on 07.09.1990. Subsequently he was promoted as Head Constable in the Police Department in Code No.34460 at the office of the Deputy Commissioner of Police, Madavaram, Chennai. While in service her husband died on 08.05.2015 due to ill health. Thereafter she obtained the legal heir certificate issued by the Tahsildar of Perambur, Chennai – 11 by his proceedings NI.MU.No.(C2)/05418/2015 dated 31.08.2015 and subsequently the petitioner gave a representation to the respondents to settle the petitioner's husband arrears of salary, pension, terminal benefits and all other service benefits and the same was rejected by the 4th respondent, since the name of the petitioner was not mentioned in the Service Register of the deceased Constable namely R.Ravichandran. Aggrieved by the order passed by the 4th respondent the petitioner has come forward with the present writ petition.

3. The learned counsel appearing for the petitioner submitted that the petitioner's husband decided to apply for Voluntary Retirement Service and he made a representation dated 18.08.2014 to the 2nd respondent to relieve him by Voluntary retire from service (VRS). But before the relieving order the petitioner's husband again took medical leave and was bed-ridden and he died on 08.05.2015 before any order could be passed by the 2nd respondent in regard to the representation made by the petitioner's husband for VRS. The petitioner made a representation to the 4th respondent on 26.09.2016 along with the copy of the legal heir certificate, community certificate and income certificate claiming benefits of her late husband namely R.Ravichandran. The petitioner has also gave a representation to the third respondent on 03.09.2015 for compassionate ground appointment and disburse the pension and terminal benefits to her and the same was acknowledged but no order was passed. Hence the petitioner has filed a writ petition before this Court in W.P.No.1812 of 2017 directing the respondents to consider the representation dated 03.09.2015 to disburse all duty and service benefits of her late husband. This Court without going into the merits of the case permitted the petitioner to submit a joint representation to the respondents 1 & 2 (respondents 3 & 4 herein) along with a copy of this order as well as a copy of earlier representation dated 03.09.2015 within a period of two weeks from the date of receipt of a copy of this order. Subsequent to the order passed by this Court, the petitioner made a representation to the 2nd respondent seeking compassionate appointment on 10.02.2017. The representation was rejected by the 4th respondent by his proceedings Na.Ka.No.Oiuvdhiyam (Va.Ma)/211/9212/2015 dated 07.03.2017. In that it was mentioned that while verifying the Service Book of late Constable R.Ravichandran it was found that the petitioner name was not in the Service Register and two other names have been registered as legal heirs. According to the pension rules, if there is more than one heir, the heirs concerned are informed that the pension benefits can be obtained and obtained only after obtaining the certificate of succession (succession certificate) from the competent Court.

4. The learned Special Government Pleader appearing for the respondents 1 to 5 filed a counter affidavit of the 5th respondent dated 05.01.2023. The learned Sp