L.Shobana v. The Management,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.04.2022
CORAM
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.16052 of 2021 L.Shobana ... Petitioner Vs.
1.The Management, Tamil Nadu State Transport Corporation (Villupuram) Limited, Villupuram - 605 602.
2.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Kancheepuram Region, Poneeri Karai, Bangalore National Highway, Kancheepuram - 631 552.
... Respondents PRAYER: This Writ Petition has been filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus to direct the respondents to disburse the payments relating to service of the petitioner's husband A.Leenos, Driver No.42268 inclusive of Provident Fund, Gratuity, Leave Encashment (Earned Leave & Old Medical Leave), Leave Surrender, ERBS Pension and all other retirement benefits by calculating D.A. eligible as per the fixation made by the Government of Tamilnadu periodically along with the entitled difference of dearness allowances also, with interest at 12% per annum with effect from 01.02.2017 within the stipulated time as may be fixed by this Court.
For Petitioner : Mr.P.Paramasiva Doss For Respondents: Mr.G.Saravana Kumar Standing Counsel
O R D E R
The relief sought for in the writ petition is for mandamus to direct the respondents to disburse the payments relating to service of the petitioner's husband A.Leenos, Driver No.42268 inclusive of Provident Fund, Gratuity, Leave Encashment (Earned
Leave & Old Medical Leave), Leave Surrender, ERBS Pension and all other retirement benefits by calculating D.A. eligible as per the fixation made by the Government of Tamilnadu periodically along with the entitled difference of dearness allowances also, with interest at 12% per annum with effect from 01.02.2017 within the stipulated time.
2.The case of the petitioner is that her husband died on 09.06.2020 and hence, her family members sent a representation dated 24.04.2021 to the respondents seeking the payment of terminal benefits of her husband. So far, the representation of the petitioner has not been considered and therefore, she has preferred the present writ petition.
3.Mr.G.Saravana Kumar, learned Standing Counsel appearing for the respondents would submit that the representation of the petitioner will be considered by the authorities concerned, on its own merits and in accordance with law.
4.In view of the above submissions and also considering the limited scope of prayer, without expressing any opinion on merits, this Court is inclined to direct the respondents to consider the representation of the petitioner dated 24.04.2021, and pass orders on its own merits, in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.
5.With the above direction, the Writ Petition stands disposed of. No costs.
SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR Dua To 1.The Management, Tamil Nadu State Transport Corporation (Villupuram) Limited, Villupuram - 605 602.
2.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Kancheepuram Region, Poneeri Karai, Bangalore National Highway, Kancheepuram - 631 552.
+1cc to Mr.G.Saravanakumar, Advocate Sr.23930 W.P.No.16052 of 2021 kv[co] srg 27/04/2022