1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.10.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.11481 of 2011 S.Thangam .. Petitioner Vs. 1. The Commissioner, Social Welfare Department, Chennai-5. 2. The District Social Welfare Officer, District Social Welfare Office, Thoothukudi. 3. The Block Development Officer(BP), Panchayath Union, Vilathikulam, Thoothukudi District. ..Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus directing the third respondent to disburse the sanctioned amount of Rs.1,00,000/- under the Tamilnadu Government Servant Family Benefit Scheme vide his proceedings in R.C.No.5701/A1/2010 dated 09.05.2011 and all other Death Benefits of petitioner's sister along with interest at the rate of 10% per annum to the petitioner. For Petitioner : Mr.A.Jayaramachandran For Respondents : Ms.S.Bharathi Government Advocate ORDER This Writ Petition has been filed by the petitioner for a Writ of Mandamus directing the third respondent to disburse the sanctioned amount of Rs.1,00,000/- under the Tamilnadu Government Servant Family Benefit Scheme vide his proceedings in R.C.No.5701/A1/2010 dated 09.05.2011 and all other Death Benefits of petitioner's sister along with interest at the rate of 10% per annum to the petitioner. 2. Heard Mr.A.Jayaramachandran, learned Counsel for the petitioner and Ms.S.Bharathi learned Government Advocate, who takes notice for the respondents. 3. By consent, the writ petition itself is taken up for final disposal. 4. The petitioner S.Thangam has filed the present writ petition seeking issuance of writ of mandamus directing the third respondent/Block Development Officer(BP), Panchayat Union, Vilathikulam, Thoothukudi District to disburse the sanctioned amount of Rs. Rs.1,00,000/- under the Tamilnadu Government Servant Family Benefit https://hcservices.ecourts.gov.in/hcservices/ 2 Scheme and all other death benefits of her sister along with interest at the rate of 10%. 5. The learned Counsel appearing for the petitioner submits that the petitioner is an unmarried woman. Her parents passed away leaving the petitioner, her younger sister and brother. Later on, her younger sister S.Meenakshi was appointed as Child Welfare Organizer at Vijayapuri, Thoothukudi District on 25.02.1978. After some time she was promoted as Community Nutrition Supervisor on 15.04.1993 and she was posted at Integrated Child Welfare Office, Erode. Subsequently she was transferred to Kayattar Panchayath Union Office in the post of Rural Welfare Officer, (Women). Again she was transferred to the third respondent's office. Thus after putting in 27 years of service, she passed away on 30.04.2005 due to ill health. When she was in service, during her life time, her sister nominated her as nominee in her service records. 6. Being the nominee of her sister, the petitioner has made a representation to the third respondent after her death seeking to disburse all of her sister's death benefit. The third respondent also, after receipt of the said representation, sent a communication dated 05.07.2005 directing the petitioner to produce her sister's death certificate. In compliance of the said communication, the death certificate of Late S.Meenakshi was also produced. But the third respondent failed to consider the representation and the petitioner has come to this Court. 7. The learned Counsel appearing for the petitioner submits that the grievance made by the petitioner before this Court is that the petitioner is a nominee and the own sister of the deceased S.Meenakshi and has made representation and that representation was considered by the second respondent and the second respondent also, in communication dated 25.04.2011 addressed to the third respondent, directed him to disburse her sister's death benefits. Subsequently the third respondent passed an order on 09.05.2011 sanctioning a sum of Rs.1,00,000/- under the Tamilnadu Government Servant Family Benefit Scheme. Even after passing the above order on 09.05.2011, neither the said amount nor the pensionary benefits were released. Therefore she has come to this Court. 8. The learned Government Advocate appearing for the respondents submits that the third respondent in compliance of the direction issued by the second respondent has already passed an order on 09.05.2011 sanctioning a sum of Rs.1,00,000/- under the Tamilnadu Government Servant Family Benefit Scheme. But due to some administrative reasons the other benefits viz., the pensionary benefits had not been disbursed of. But in due course of time, the same will be considered in accordance with law, provided a sufficient time is granted. 9. In view of the submission made by the learned Government Advocate appearing for the respondents, considering the fact that as already an order has been passed by the third respondent in his proceeding R.C.No.5701/A1/2010 dated 09.05.2011 sanctioning a sum of Rs.1,00,000/- under the Tamilnadu Government Servant Family Benefit Scheme to the petitioner, this Court directs the third respondent to https://hcservices.ecourts.gov.in/hcservices/ 3 disburse the same and all other benefits of Late.S.Meenakshi to the petitioner within a period of five weeks from the date of receipt of a copy of this order. Since the petitioner also seeks payment of interest, this Court is not inclined to consider the interest part. However, if the above said exercise is failed to be completed within the stipulated period by the respondents, the petitioner is entitled to interest on the sanctioned amount from the date the same is legally payable to the petitioner @10%. 10. The writ petition is disposed of as above. No costs. Sd/- Assistant Registrar(AS) /TRUE COPY/ Sub Assistant Registrar To 1. The Commissioner, Social Welfare Department,Chennai-5. 2. The District Social Welfare Officer, District Social Welfare Office,Thoothukudi. 3. The Block Development Officer(BP), Panchayath Union,Vilathikulam, Thoothukudi District. +1cc to Special Govt.Pleader SR.No.35062 W.P(MD)No.11481 of 2011 10.10.2011 ssl PA/21.10.2011/3P/5C https://hcservices.ecourts.gov.in/hcservices/