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Judgment
Vinod K. Sharma, J.—None appears for the Petitioner.
The prayer sought for in the writ petition is, in the nature of certiorari, to quash the order, dated 22nd March 2005 passed by the 4th Respondent, withholding the release of Family Benefit Fund, forwarded to the 3rd Respondent for payment to the Petitioner.
The Petitioner is the wife of Late S. Krishnan, who was employed as ''Assistant'' in Sidduvarpatti Panchayat, Vadamadurai Panchayat Union.
The husband of the Petitioner died on 15.02.1997. Under the Family Security Fund Scheme, a sum of Rs. 10/- [Rupees ten only] per month was deducted from the salary of the deceased husband of the Petitioner, from January 1993 to February 1997. A certificate in proof of deduction was issued to the Petitioner.
On the death of the Late S. Krishnan, the Petitioner filed application for release of Rs. 1 lakh [Rupees one lakh only] payable under Family Benefit Fund Scheme.
The application was accompanied by the death certificate, legal-heirs certificate and all other requisite documents required under Family Security Fund Scheme. The application of the Petitioner was duly recommended.
The stand taken by the Respondent No. 3 is that as per the scheme, a cheque for a sum of Rs. 1 lakh [Rupees one lakh only] was forwarded to the 2nd Respondent for payment to the legal-heirs of the deceased official. A communication, dated 02.03.1999 was also sent to the Petitioner to collect a sum of Rs. 1 Lakh [Rupees one lakh only] from the District Collector, Dindigul District, i.e., the Respondent No. 1.
The District Collector, Dindigul, forwarded the cheque to the Respondent No. 4 for payment. However, when the Petitioner approached the 4th Respondent for release of cheque, he showed his inability to release the cheque, for the reason that instructions were received from the 3rd Respondent, not to issue the cheque to the Petitioner.
The reason for withholding of cheque was that the Respondent Nos. 1, 2 and 4 formed an opinion, that the Family Security Fund Scheme was not applicable in the case of the late husband of the Petitioner, as the notification bringing the employees of Panchayat Union, under the State, was issued only on 01.07.1997 i.e., after the death of the Petitioner''s husband.
The decision taken on the face of it, is contrary to law, for the reason that Family Security Fund Scheme is a beneficial scheme.
It is thus not in dispute that the husband of the Petitioner was a member of the scheme, necessary deductions were made from the salary from the date of joining till his death.
The case of the Petitioner is squarely covered by G.O. Ms. No. 501, dated 14.08.1996. Even if for the sake of argument, it was taken that Government Order, was issued on 01.07.1997, the same being a beneficial piece of legislation for the benefit of the employees, who were members of the scheme, prior to the issuance of the Government Order, would be covered. The Insurance Company, which is to pay the amount admitted its liability and in fact, even sent a cheque for payment to the Petitioner.
The Respondent No. 3 has now taken a stand, that in case, intimation is sent that the cheque has not been en-cashed so far by the Petitioner, it is willing to issue a fresh cheque.
In view of what has been stated above, the impugned order, cannot be sustained in law. Further more,in view of the stand taken by the 3rd Respondent, the Respondents 1 and 2 are directed to verify whether payment has been made to the Petitioner under the Family Security Fund Scheme or not. If the cheque was not handed over to the Petitioner, they are directed to take immediate steps to write to the 3rd Respondent for the release of fresh cheque for payment to the Petitioner.
It is, however, made clear that in case, the the Petitioner has already received the cheque and got it en-cashed, no further action would be called for.
The writ petition is disposed of in above terms. No costs.