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2026 Supreme(Online)(Mad) 83980

MADURAI BENCH OF MADRAS HIGH COURT
M. Dhandapani, N. Dilip Kumar, JJ
Superintendent of Police, Pudukkottai District – Appellant
Versus
Rajendran – Respondent
W.A.(MD)No.1751 of 2021 | C.M.P.(MD)No.7418 of 2021



Advocates:
For the Appellants/Petitioners: M. Mahaboob Athiff
For the Respondents: N. Balakrishnan

The court disposed of the Writ Appeal following the death of the respondent, directing the appellant to settle all entitled benefits to the deceased respondent's legal heirs within twelve weeks.

Headnote:(A) Service Law - Suspension and Departmental Proceedings - Death of Respondent - Settlement of benefits - Where the respondent passes away during the pendency of the appeal and departmental proceedings are concluded with a punishment, the appeal is disposed of with a direction to settle the entire benefits to the legal heirs of the deceased. (Para 2, 3)

Issues: Whether the Writ Appeal survives after the death of the respondent and the conclusion of departmental proceedings.

PRAYER:

Writ Appeal filed under Clause XV of the Letters Patent Act, praying to set aside the order passed by this Court in W.P.(MD)No.3100 of 2020 dated 25.06.2021 and allow this Writ Appeal.

JUDGMENT

[Judgment of the Court was made by M.DHANDAPANI, J.]

Learned Special Government Pleader appearing for the appellant would submit that the respondent / writ petitioner filed a Writ Petition challenging the suspension order based on Ajay Kumar's case. Learned Single Judge of this Court allowed the said Writ Petition. Challenging the same, the present Writ Appeal has been filed.

2. Learned Special Government Pleader would further submit that during the pendency of the criminal case, the writ petitioner passed away on 19.01.2023 and hence, nothing survives for further adjudication. Further, the department proceedings were concluded as against the respondent / writ petitioner by imposing a punishment of postponement of increments for three years.

3. In view of the above, this Writ Appeal stands disposed of and there shall be a direction to the appellant to settle the entire benefits to the legal heirs of the deceased respondent / writ petitioner, within a period of twelve [12] weeks from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently, the connected miscellaneous petition stands closed.

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