IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16.02.2024 CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.Nos.33830 & 30037 of 2023 and WMP.No.29668 of 2023 WP.No.33830 of 2023

1.Dhanamani

2.Perumal.S ... Petitioners Vs.

1.The Director, Medical and Rural Health Services, DMS Campus, Chennai 600 006

2.The Joint Director, Medical and Rural Health Services, Cuddalore, Cuddalore District

3.The Chief Medical Officer, Chidambaram Government Hospital, Chidambaram

4.The Accountant General, Accounts and Entitlements, No.361, Anna Salai, Teynampet, Chennai 600 018

5.Baby Shakila ... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue a writ of mandamus directing the first respondent to consider the representation of the second petitioner dated 26.09.2023 and further direct the respondents disburse the 2/3 of the amount due to the deceased Dr.P.Ravi i.e. death cum pensionary benefits within a period fixed by this Court.

For Petitioners : M/s.S.Lavanya For Respondents For R1 to 3 : Mr.V.Veluchamy, Additional Government Pleader For R4 : Mrs.J.Sree Vidya, Standing Counsel WP.No.30037 of 2023 R.Babyshakila ... Petitioner Vs.

1.The Director, Medical and Rural Health Services, DMS Complex, No.361, Anna Salai, Chennai 600 006

2.The Joint Director of Health Services, Cuddalore District, Cuddalore 607 001

3.The Chief Medical Officer, Government Kamaraj Hospital, Chidambaram 608 001

4.The Principal Accountant General, Accounts and Entitlements, 361, Anna Salai, Chennai 600 018

5.The Treasury Officer, District Treasury, Cuddalore District, Cuddalore

6.The Assistant Treasury Officer, Sub-Treasury, Chidambaram 608 001

7.S.Perumal

8.Dhanamani ... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue a writ of mandamus forbearing the respondents 1 to 6 from disbursing the death benefits and monetary benefits of late Dr.P.Ravi to the 7^th and 8^th respondents and ensure that the death benefits and monetary benefits are settled in favour of the petitioner.

For Petitioner : Mr.L.Chandrakumar for Mr.P.Kannan Kumar For Respondents For R1 to 3, 5, 6 : Mr.V.Veluchamy, Additional Government Pleader For R4 : Mrs.J.Sree Vidya, Standing Counsel For R7 & 8 : Mrs.S.Lavanya for Mr.K.Chandru

COMMON ORDER

The writ petition in WP.No.30037 of 20213 has been filed for direction to forbear respondents 1 to 6 from disbursing the death benefits and monetary benefits of the the petitioner's late husband to respondents 7 and 8. The writ petition in WP.No.33830 of 2023 has been filed for direction to respondents 1 to 4 to disburse 2/3 of death cum pensionary benefits due to their son.

2. One, Ravi, who is the husband of the petitioner in WP.No.30037 of 2023 is the son of the petitioners in WP.No.33830 of 2023. The petitioner in WP.No.30037 of 2023 hereinafter called as wife and the petitioners in WP.No.33830 of 2023 hereinafter called as parents. While he was serving as Chief Medical Officer, Government Kamaraj Hospital, Chidambaram died on 22.10.2022. Initially, he got married one, M.Geetha and divorced her on 06.03.2006 by the judgment and decree dated 06.03.2006 in HMOP.No.61 of 2005 on the file of the Sub Court, Chidambaram by way of mutual consent. Thereafter, he got married the petitioner in WP.No.30037 of 2023 on 11.04.2010. While he was alive, along with his wife, he had jointly purchased properties by availing housing loan from HDFC Bank. Even after his demise, the wife is paying dues for the said loan. After his demise, the wife and the parents were issued legal heir certificate. The parents submitted representation to disburse the retirement benefits in their favour. In fact, while he was alive, the wife's name was nominated as nominee in the service register for receiving all his service benefits.

3. On perusal of counter filed by the fourth respondent, revealed that the wife submitted application claiming death cum retirement benefits before the third respondent and the same wa