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Madras High CourtWP/4346/2024allowed

Nagammal, v. The Managing Director,

2024-02-22Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.02.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Nagammal ... Petitioner Vs.

1.The Managing Director, Tamilnadu State Transport Corporation (Coimbatore Ltd), Mettupalayam Road, Coimbatore 641 043 2.The General Manager, Tamilnadu State Transport Corporation(Coimbatore Ltd), Chennimalai Road, Erode ... Respondents PRAYER:

Writ Petition is filed under Article 226 of Constitution of India praying to issue a writ of mandamus directing the respondents to forthwith disburse the death and terminal benefits of deceased Karuppasamy payable to the petitioner including pension, gratuity, leave salary and all other emoluments entitled by the petitioner. For Petitioner : Mr.P.Saravana Sowmiyan For Respondents : Mr.C.Gowthamraj, Standing Counsel 1/4

ORDER

This writ petition has been filed for direction to the respondents to disburse the death cum terminal benefits of the deceased husband of the petitioner.

2.

The petitioner's husband was appointed as Driver in the respondent Corporation. While he was in service, he died due to harness on 21.11.2023 leaving behind the petitioner and two children as his legal heirs. The original name of the petitioner is Nagammal and her pet name is Pappal. Her husband recorded her name in his service register as Pappal. The Tahsildar issued legalheirship certificate dated 23.12.2023 certifying that the petitioner and her two children are the surviving legal heirs of the petitioner's deceased husband P.Karuppasamy. The petitioner is the only legally wedded wife of the said Karuppasamy. However, the respondents is keeping the claim of the petitioner pending for the reason that in the service record, the petitioner's husband recorded her name as Pappal.

3.

On perusal of records, revealed that the petitioner is the 2/4

legally wedded wife of the said deceased P.Karuppasamy. Further, there is no claim from any other person claiming to be the wife of the deceased Karuppasamy. Further, the other documents produced by the petitioner also revealed that she is the legally wedded wife of the said deceased P.Karuppasamy. Therefore, the respondents are directed to disburse all death cum terminal benefits of the deceased Karuppasamy to the petitioner forthwith.

4.

With the above direction, this writ petition is allowed. There shall be no order as to costs.

22.02.2024 Internet: Yes Index: Yes/No Speaking/Non-speaking order lok G.K.ILANTHIRAIYAN, J.

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lok To 1.The Managing Director, Tamilnadu State Transport Corporation (Coimbatore Ltd), Mettupalayam Road, Coimbatore 641 043 2.The General Manager, Tamilnadu State Transport Corporation(Coimbatore Ltd), Chennimalai Road, Erode 22.02.2024 4/4