P.Chinnasamy v. The Secretary to Government

ORDER This writ petition is filed to direct the 2nd and 5th respondents to disburse the personal Accident Insurance cover as per G.O.(MS).No.113, Finance (Treasuries and Accounts - III) Department, dated 14.05.2025.

¶2Learned counsel for the petitioner would submit that the petitioner's son viz., Sasimohan was appointed as Village Assistant and in continuous service at Muthampatty, Vazhapadi Taluk, Salem district and got married to one Mrs.Pavithra and subsequently she was conceived. On 30.07.2025, when the petitioner's son was returning from third respondent's office at around 9.00 p.m., a lorry bearing registration number TN 25 AB 2863, drew negligently and hit the petitioner's son's motor cycle bearing registration Number TN 77 Z 8382 and caused severe injury. Thereafter, he was taken to Salem Government Hospital, wherein, he was declared dead by the doctors. Subsequently, the petitioner has lodged a complaint before Karipatti Police Station against the lorry driver and F.I.R., was registered in Crime No.297 of 2025 for offences under Section 281 and 106 of the BNS, 2023. On 25.09.2025, the petitioner's Page3 of 6 daughter-in-law gave birth to a girl baby.

¶3It is the further case of the petitioner that he came to know that the Government of Tamil Nadu had issued G.O.Ms.No.113, Finance (Treasuries and Accounts – III) Department, dated 14.05.2025, providing for the disbursement of financial assistance to the families of Government Employees, who died due to accidents. Thereby, the petitioner has sent a representation dated 15.12.2025 to all the respondents seeking for disbursement of financial assistance as per the said Government Order. However, the fifth respondent sent a letter dated 08.12.2025 by rejecting the petitioner's claim on the ground that the insurance coverage for Tamil Nadu State Government Employee is applicable only from 01.09.2025. Hence, the petitioner has come forward with the present writ petition.

¶4Learned counsel for the petitioner would submit that admittedly, there was a Memorandum of Understanding between the Government and the respective bank, including the insurance company. As per the Memorandum of Understanding and in terms of G.O.Ms.No.113, Finance (Treasuries and Accounts – III) Department, dated 14.05.2025, it is the duty cast upon the respondents including the Bank to disburse the financial assistance to the petitioner's family. Accordingly, he prays for allowing this writ petition. Page4 of 6

¶5Per contra, learned Additional Advocate General appearing for the respondents 1 to 4 submitted an instruction letter of the Director of Treasuries and Accounts (FAC) dated 16.02.2026, addressed to the Zonal Manger, Indian Bank, Chennai South, wherein it is stated that the rejection of the claim by the Bank is contrary to the binding terms of the MoU. Hence, the Bank is requested to accept the claim from the individual and to process the same, as per the standard operating procedures for the claims scrutiny and the compliance may be duly reported before this Court.

¶6Learned counsel appearing for the fifth respondent Bank would submit that as per the Memorandum of Understanding, there was a tri-party agreement between the Government, Bank and Insurance Company. As soon as the Insurance Company process the petitioner's application, the fifth respondent will disburse the amount to the petitioner. Accordingly, she prays for appropriate orders.

¶7In reply to the aforesaid submission, learned Additional Advocate General appearing for the respondents 1 to 4 would submit that the Memorandum of Understanding is only between the Government and the bank. The correspondence between the Bank and Insurance Company is a separate procedure and nothing to do with the Government and petitioner. Page5 of 6

¶8Heard the learned counsel on either side and perused the materials available on record.

¶9In view of the fair submission made by the Additional Advocate General appearing for the respondents 1 to 4, there shall be a direction to the fifth respondent Bank to process the claim made by the petitioner, in terms of the letter dated 16.02.2026, issued by the Director of Treasuries and Accounts

(FAC), within a period of six weeks from the date of receipt of a copy of this order. With the aforesaid direction, this writ petition stands disposed of. No costs. 18-02-2026 Index: Yes/No Speaking/Non-speaking order VM Page6 of 6

M.DHANDAPANI, J. VM To:

¶1The Secretary To Government of Tamil Nadu, Revenue Department, Fort St.George, Chennai 07.

¶2The Director of Treasuries and Accounts Department of Treasuries and Accounts, Saidapet, Chennai 35.

¶3The District Collector, District Collectors Office, Salem District.

¶4The District Revenue Officer District Collectors Office, Salem District.

¶5The Branch Manager Indian Bank, Kootathupatti Branch, Salem District. 18-02-2026

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18-02-2026 CORAM THE HON'BLE MR JUSTICE M.DHANDAPANI P.Chinnasamy ..Petitioner(s) Vs 1. The Secretary to Government of Tamil Nadu, Revenue Department, Fort St.George, Chennai 07. 2. The Director of Treasuries and Accounts, Department of Treasuries and Accounts, Saidapet, Chennai 35. 3. The District Collector, District Collectors Office, Salem district. 4. The District Revenue Officer, District Collectors Office, Salem District. 5. The Branch Manager, Indian Bank, Kootathupatti Branch, Salem District. ..Respondent(s) Prayer: This writ petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the 2nd and 5th respondents to disburse the personal Accident Insurance cover as per G.O.(MS).No.113, Finance (Treasuries and Accounts - III) Department, dated 14.05.2025. Page2 of 6 For Petitioner(s) : Mr.Shanmuga Sundaram, Senior Counsel for S.Sona Satishkumar For Respondent(s) : Mr.R.Neelakandan, AAG Assisted by, Mr.P.Ganesan for R1 to R4 Ms.Rita Chandrasekaran for R5