M.Sivagami, v. The Tamil Nadu State

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.07.2017

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.17439 of 2017 M.Sivagami ... Petitioner Vs.

1.The Tamilnadu State Transport Corporation Vandhavasi Branch-I rep. By Branch Manager Tiruvannamalai Division Tiruvannamalai District.

2.The General Manager, Tamilnadu State Transport Corporation Villupuram Limited, Cuddalore.

... Respondents Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of MANDAMUS, to direct the first respondent to consider the representation dated 07.11.2016,for the retirement benefits and pension benefit.

For Petitioner : Mr.C.Samadharma Arasu For Respondents : Mr.P.Kannan Kumar

O R D E R

Heard Mr.C.Samadharma Arasu, learned counsel appearing for the petitioner and Mr.P.Kannan Kumar, learned counsel appearing for the respondents. With the consent of the learned counsel appearing on either side, the Writ Petition is taken up for final disposal at the admission stage.

2.The relief sought for in this writ petitioner is to consider the representation submitted by the petitioner on 7th February, 2016, claiming retiral benefits and pensionary benefits due to her.

3.The husband of the writ petitioner was employed as conductor in the Tamil Nadu State Transport Corporation, Tiruvannamalai Division and retired from service on 30th June 2008. Soon after the retirement, the husband of the writ petitioner died on 19.12.2008. The writ petitioner claimed all the retirement and other pensionary benefits due to her husband. In this regard, the writ petitioner has also submitted a representation on 7th November,2016.

4.Since the matter relates to payment of pension, this Court requested the learned counsel appearing for the Transport Corporation to verify as to why the terminal benefits were not settled to the writ petitioner.

5.Mr.Kannan Kumar, the learned counsel appearing for the Transport Corporation without further delay, obtained instructions from Tiruvannamalai Division and informed this Court that the pensionary benefits have already been settled to the writ petitioner and fairly submitted that if any benefits are left out, this Court can direct for early disbursement of the left out retiral and pensionary benefits. 6.In view of the submissions made by the learned counsel appearing for the Transport Corporation, this Court is inclined to direct the respondents to pay all the terminal and retirements benefits due to the writ petitioner and if any benefits are left out, the same shall also be considered and paid to the writ petitioner without any further delay. With this observation, the writ petitioner stands disposed of. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar rpa To 1.The Branch Manager, The Tamilnadu State Transport Corporation Vandhavasi Branch-I Tiruvannamalai Division, Tiruvannamalai District.

2.The General Manager, Tamilnadu State Transport Corporation Villupuram Limited, Cuddalore.

+1cc to Mr.C.Samadharma Arasu, Advocate SR.No.47908 +1cc to Mr.P.Kannan Kumar, Advocate SR.No.48462 W.P.No.17439 of 2017 GN(02/08/2017)