K.Amsaveni v. Tamilnadu State Transport

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR WP.No.14008/2021 [Video Conferencing] K.Amsaveni ..

Petitioner Vs 1.Tamil Nadu State Transport rep.by its Managing Director 37, Mettupalayam Road Coimbatore-43.

2.The General Manager 37 Mettupalayam Road Coimbatore-43.

3.Tamil Nadu State Transport Employees Pension Fund Trust rep.by its Administrator, Thiruvalluvar Illam Pallavan Salai, Chennai-2.

..

Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, directing the respondents to pay and settle the petitioner forth with all the terminal / death benefits such as Gratuity, PF, Rs.3,00,000/- payable under the Family Benefit Funds Scheme, the amounts payable and refundable under the Social Security Scheme and Post Retirement Benefit Scheme, the IRT contributions and to pay the petitioner, Family Pension with effect from 12.08.2020 with arrears and other consequential benefits, together with interest at the rate of 12% per annum for all the benefits till the said benefits are actually paid and settled to the petitioner.

For Petitioner :

Ms.H.Nadhini

For Respondents :

Mr.Sundaravadhanam Standing Counsel

ORDER

1.

By consent, this writ petition is taken up for final disposal and disposed of by this order.

2.

Mr.Sundaravadhanam, learned Standing counsel accepts notice on behalf of the respondents/Corporation.

3.

The petitioner has filed the present writ petition seeking for issuance of a writ of mandamus, directing the respondents to pay all terminal benefits including PF, Gratuity etc., and to pay the Family Pension with effect from 12.08.2020 with arrears and other consequential reliefs.

4.

The learned counsel for the petitioner would submit that though the petitioner has prayed for a positive direction to the respondents to grant the aforesaid relief, the petitioner would be satisfied if a direction is issued to the respondents to consider and dispose of her representations dated 24.12.2020 and 04.01.2021 respectively within the time to be stipulated by this Court.

5.

This Court heard the submissions of the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents and also perused the materials placed before it.

6.

Though the petitioner has prayed for a larger relief, this Court, in the light of the facts and circumstances and without going into the merits of the claim made by the petitioner in her representations, directs the respondents to consider and dispose of the petitioner's representations dated 24.12.2020 and 04.01.2021, on merits and in accordance with law and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner herein.

7.

The writ petition stands disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar AP To 1.Managing Director, 37, Mettupalayam Road, Coimbatore-43.

2.The General Manager 37 Mettupalayam Road Coimbatore-43.

3.The Administrator, Employees Pension Fund Trust Thiruvalluvar Illam Pallavan Salai, Chennai-2.

+1cc to Mr.Ajoy Kohse, Advocate, S.R.No.31860 WP.No.14008/2021 SSV(CO) CB(06/08/2021)