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2014 DIGILAW 465 (MAD)

A. Vijayaraj v. Inspector General (Training) Police, CRPF

2014-02-25

M.VENUGOPAL

body2014
Judgment M. Venugopal, J. 1. It is brought to the notice of this Court that the Writ Petitioner expired on 26.12.2012 after filing of the Writ Petition. 2. It comes to be known that during his lifetime, the Petitioner filed the present Writ of Mandamus in calling for the records pertaining to the order of the 1st Respondent in No.P.VIII-1/2011/TRG-4 dated 24.06.2011 confirming the modified order passed by the 2nd Respondent in No.P.VIII-2/2010-EC-2 dated 12.04.2011 modifying the dismissal order passed by the 3rd Respondent in No.P.VIII-2/2010-EC-2 dated 16.03.2011 into compulsory retirement and to quash the same and consequently direct the Respondents to reinstate him into service with all backwages and benefits. 3. At this stage, the Learned Senior Counsel for the Petitioner brings it to the notice of this Court that the Legal Heirs of the deceased Petitioner viz., wife and two minor children were not paid the benefits due to the deceased 1st Petitioner till date. In this regard, the reason assigned on behalf of the Respondents is that after the death of the 1st Petitioner, his Legal Heirs viz., Petitioners 2 to 4 have not approached the Office of the 3rd Respondent at Coimbatore claiming the compulsory retirement benefits due to the deceased 1st Petitioner. 4. In view of the fact that the Petitioners 2 to 4 are the Legal Heirs of the deceased 1st Petitioner (viz., wife and minor children), this Court, to prevent an aberration of Justice and in furtherance of substantial cause of Justice, directs the 2nd Petitioner (wife of deceased 1st Petitioner) to approach the Office of the 3rd Respondent in regard to her claim of benefits to be paid to her family, within a week from today and in such an event, the 3rd Respondent is hereby directed to lend their unstinted co-operation [in regard to the filling up of necessary Pension Forms, Proposals etc.] and assistance so as to enable the Petitioners 2 to 4 in facilitating them in claiming the benefits due to them (based on the compulsory retirement imposed on the deceased 1st Petitioner). 5. 5. In the meanwhile, it is open to the 2nd Petitioner to project necessary application/petition before the 3rd Respondent in regard to her claim for compassionate appointment and on such petition/application being filed by the 2nd Petitioner, then, it is open to the concerned authorities to look into the matter, based on humanitarian and sympathetic consideration, and to dispose of the same as per rules and regulations and in the manner known to law and in accordance with law. 6. Registry is directed to list the matter on 05.03.2014.