Usharani v. The Secretary To Government Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.03.2017
CORAM:
THE HON'BLE MR. JUSTICE T. RAJA W.P.No.6815 of 2017 Usharani Shobana Arthi ... Petitioners Vs.
The Secretary to Government of Tamil Nadu Transport Department Fort St. George Chennai The Managing Director Tamil Nadu State Transport Corporation (Salem) Ltd. 12 Ramakrishna Road Salem 636 007 The General Manager Tamil Nadu State Transport Corporation (Salem) Ltd. 12 Ramakrishna Road Salem 636 007 .. Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents to disburse the terminal benefits of late J. Mathialagan (Conductor) to and in favour of the petitioners within a time frame.
For petitioners Mr. M. Selvam For R1 Mr. K. Rajendra Prasad, Govt. Advocate For RR 2 & 3 Mr. R.K. Gandhi, Standing Counsel
ORDER
Mr. K. Rajendra Prasad, learned Government Advocate, accepts notice for the first respondent and Mr. R.K. Gandhi, learned
Standing Counsel, accepts notice for respondents 2 and 3. With consent, this writ petition is taken up for final disposal at the admission stage itself.
The first petitioner is the wife and petitioners 2 and 3 are the daughters of late Mathialagan, who, while serving as Conductor in the respondent-Transport Corporation, breathed his last on 08.03.2016. After the demise of Mathialagan, the petitioners obtained legal heirship certificate on 13.04.2016 from the Tahsildar, Omalur and submitted a representation dated 20.02.2017 to the respondents 2 and 3 seeking disbursement of terminal benefits of the breadwinner of their family. Since the said representation has not been considered by the said authorities, the petitioners have preferred this writ petition, seeking disbursement of terminal benefits of late J. Mathialagan to and in their favour.
A perusal of the legal heirship certificate dated 13.04.2016 issued by the Tahsildar, Omalur, confirms that the petitioners are the legal heirs of the late Mathialagan, S/o Jagannathan. The death certificate issued by the City Health Officer, (I/c), Corporation of Chennai dated 22.03.2016 also reveals that the late Mathialagan is the husband of the first petitioner and the father of the petitioners 2 and 3. As Mathialagan died in harness on 08.03.2016, the petitioners have jointly made a representation on 20.02.2017 for disbursement of the retirement benefits of late Mathialagan.
Given the limited scope of the relief sought by the petitioners, this Court directs the second respondent to consider and pass orders on the petitioners' representation dated 20.02.2017, provided, the same is in order, in the light of the order dated 12.06.2015 passed by a Division Bench of the Madurai Bench of Madras High Court in W.A.No.(MD)Nos.383 to 457 of 2015, [K.Rajendran and others Vs. Tamil Nadu State Transport Corporation, represented by its Managing Director, Madurai-10 and 3 others] and disburse the retirement benefits of late Mathialagan, if any, provided, he has retired without any disciplinary proceedings pending against him, in 12 equal monthly instalments with the first instalment commencing from the first week of June 2017.
With the above direction, this writ petition stands disposed of. Costs made easy.
Sd/ Assistant Registrar /True copy/ Sub Assistant Registrar To The Secretary to Government of Tamil Nadu Transport Department Fort St. George Chennai The Managing Director Tamil Nadu State Transport Corporation (Salem) Ltd. 12 Ramakrishna Road Salem 636 007 The General Manager Tamil Nadu State Transport Corporation (Salem) Ltd. 12 Ramakrishna Road Salem 636 007 +1cc to Government Pleader SR.No.17953 +1cc to M.Selvam, Advocate SR.No.17381 W.P.No.6815 of 2017 SDR 12.04.2017