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Madras High CourtWP/9446/2017disposed of

Tmt.G.Devi v. The Government Of Tamil Nadu

2017-04-19Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.04.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No. 9446 of 2017 G. Devi

...Petitioner

-vs1. The Government of Tamil Nadu, Rep. by its Principal Secretary, Transport Department, Secretariat, Fort St.George Chennai 600 009

2. The Managing Director Tamil Nadu State Transport Corporation (VPM) Ltd., 3/137, Salamedu Valuthareddy Post Villupuram 605 602

3. The Administrator Tamil Nadu State Transport Corporation Pension Fund Trust Thiruvalluvar House, Pallavan Salai Chennai 600 002

...Respondents

W.P.No.9446 of 2017 is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus or any other Writ, or direction, directing the Respondents, to settle the terminal benefits to the legal heirs of the deceased such as Gratuity, Encashment of Leave salary (EL), Commutation of pension, PF arrears, settlement arrears, Arrears of Pension, Subscription Amount of Engineering and Medical College after taking into account the enhanced dearness allowance with interest of 18% on delayed payment from 14.06.2016, the date of death to till the date of settlement of the terminal benefits by following the order passed in W.A.(MD). Nos.383 to 457 of 2015 dated 12.06.2015.

For Petitioner :: Mr.V.S.Jagadeesan For Respondents:: Mr.T.M.Pappiah Special Government Pleader for R1 Mr.P.Kannankumar for R2 and R3

ORDER

The petitioner's husband late.T.Govindan joined as Driver on 01.12.1992 in the erstwhile Puratchi Thalaivar MGR Transport Corporation Limited, Kanchipuram. Subsequently the nomenclature of the Transport Corporation was changed and called as Tamil Nadu State Transport Corporation (Villupuram Limited, Kanchipuram region). But unfortunately, while serving us Senior Driver, her husband died on 14.06.2016. As the terminal benefits of her late husband were not settled to an amount of Rs.6,79,528/-, she has given a representation on 07.03.2017 along with the death certificate, legal heirship certificate for settlement of the retirement benefits of her husband. In spite of the representation, the respondents have not come forward to settle the benefits. Hence she is before this Court.

2. The learned standing counsel for the Transport Corporation submitted that since there has been a direction issued by the Hon'ble Division Bench in W.A.(MD) Nos.383 to 457 of 2015 dated 12.6.2015 directing the Corporation to disburse all the retiral benefits in twelve equal monthly instalments with 6% interest per annum, a similar direction may be issued in the writ petition also.

3. This Court, recording the statement made by the learned standing counsel for the respondent Corporation, taking note of the Hon'ble Division Bench judgment in W.A.(MD) Nos.383 to 457 of 2015 dated 12.6.2015 (K.Rajendran and others v. The Tamil Nadu State Transport Corporation (Madurai) Limited represented by its Managing Director, Madurai and others) directing the respondents to settle all the retirement benefits in twelve equal monthly instalments with 6% interest per annum, hereby directs the respondents to settle the entire retirement benefits due and payable to the petitioner's husband to the petitioner through twelve equal monthly instalments carrying interest of 6% p.a, by considering her representation. The instalments should commence from July, 2017 and each of the instalments should be paid on or before 7th of each month. In case of any delay in the payment of the instalments, the interest payable would become 18% p.a. for the delayed period apart from any other remedy which may be available to the petitioner for such non-payment of

the instalments. With this direction, the writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kv/ss To

1. The Principal Secretary to Government, Transport Department, Secretariat, Fort St.George Chennai 600 009

2. The Managing Director Tamil Nadu State Transport Corporation (VPM) Ltd., 3/137, Salamedu Valuthareddy Post Villupuram 605 602

3. The Administrator Tamil Nadu State Transport Corporation Pension Fund Trust Thiruvalluvar House, Pallavan Salai Chennai 600 002 +1cc to Mr.Antony Arockiaraja, Advocate, S.R.No.23932 +1cc to Mr.Jagadeesan, Advocate, S.R.No.23625 +1cc to the Government Pleader, S.R.No.23840 W.P.No. 9446 of 2017 CA(CO) RS(08/05/2017)