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Madras High CourtWP/2296/2025disposed of

L.Lakshmi v. The Transport Commissioner

2025-01-29Honourable Mrs Justice V.Bhavani Subbaroyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.01.2025

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.2296 of 2025 L. Lakshmi

...Petitioner

Vs

1. The Transport Commissioner, Department of Transport, Ezhilagam, PWD Estate, Chepauk, Triplicane, Chennai.

2. The Regional Transport Officer, Regional Transport Office, Chennai.

3. The Regional Transport Officer, Regional Transport Office, Kanchipuram District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to pay the retirement benefits and pensionary benefits payable to the petitioner's husband by considering the representation of the petitioner dated 14.12.2020 along with arrears of pay revised and sanctioned by proceedings bearing R.No.A1/77753/1999 dated 21.06.2005 and 1/5

consequently direct the respondents to pay the family pension to the petitioner and pass orders.

For Petitioner : Mr.K. Balaji For Respondents : Mr.Yogesh Kannadasan Special Government Pleader

ORDER

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

2.The petitioner has filed this writ petition to issue a Writ of Mandamus directing the respondents to pay the retirement benefits and pensionary benefits payable to the petitioner's husband by considering the representation of the petitioner dated 14.12.2020 along with arrears of pay revised and sanctioned by proceedings bearing R.No.A1/77753/1999 dated 21.06.2005 and consequently direct the respondents to pay the family pension to the petitioner and pass orders. 3.The case of the petitioner is that the petitioner is the wife of late K.Lashmanan, who is a retired employee from the Transport/Department. 2/5

The grievance of the petitioner is that the terminal benefits and pensionary benefits of her husband was not settled to her, due to which she has made a representation to the respondents on 14.12.2020. However, no action has been taken by the respondents till date. Hence this petition.

4.The learned counsel for the petitioner submitted that it would be suffice if this Court issues a direction to the respondents to consider the petitioner's representation and pass orders.

5. The learned Special Government Pleader appearing for the respondents submitted that the representation of the petitioner will be considered and will pay the eligible amount with 6% interest P.A as per the earlier orders of this Court.

6.Considering the facts of the case and the submissions made by either side counsel, this Court directs the Respondents to pay the eligible amount as payable to the petitioner along with interest at the rate of 6% per annum for the delay period in settling the said amount. This payment shall be made within a period of eight weeks from the date of 3/5

receipt of a copy of this order. It is made clear that if the amount is not paid within the time frame fixed by this Court, it will fetch an interest at the rate of 12% per annum from the date on which the amount became due and payable till the date of actual disbursement. 7.With the above directions, this Writ Petition stands disposed of. No order as to costs.

29.01.2025 Index:Yes/No Speaking order/Non-speaking order smn To

1. The Transport Commissioner, Department of Transport, Ezhilagam, PWD Estate, Chepauk, Triplicane, Chennai.

2. The Regional Transport Officer, Regional Transport Office, Chennai.

3. The Regional Transport Officer, Regional Transport Office, Kanchipuram District.

4/5

V.BHAVANI SUBBAROYAN,J.

Smn W.P.No.2296 of 2025 29.01.2025 5/5