B.Kalaivani v. M/S.State Express Transport Corporation Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.01.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN B.Kalaivani ... Petitioner -VsM/s. State Express Transport Corporation Limited, Represented by its Managing Director, No.2, Pallavan Salai, Chennai - 600 002.

... Respondent Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondent to settle the retirement benefits and family pension of the petitioner's husband Late J.Bakthavachalam by taking into account, the services of the petitioner's husband was deemed to be regularized from 01.08.1999 by considering the representation of the petitioner dated 11.07.2022 to the respondent herein and representation of the petitioner's husband dated 15.02.2012 and 01.07.2015 with 6% interest and consequently pay the retirement benefits like Provident Fund, Gratuity, Commutation amount of 1/3rd pension payable to the petitioner's husband and Family Pension payable to the petitioner from May 2022 in view of death of petitioner's husband who died on 25.04.2022.

For Petitioner : Mr.D.Soundar Raj For Respondent : Mr.L.S.M.Hasan Fizal Standing Counsel

ORDER

This Writ Petition has been filed for direction directing the respondent to settle the retirement benefits and family pension of the petitioner's husband Late J.Bakthavachalam by taking into account, the services of the petitioner's husband was deemed to be regularized from 01.08.1999 by considering the representation of the petitioner dated 11.07.2022 to the respondent herein and representation of the petitioner's husband dated 15.02.2012 and 01.07.2015 with 6% interest and consequently pay the retirement benefits like Provident Fund, Gratuity, Commutation amount of 1/3rd pension payable to the petitioner's husband and Family Pension payable to the petitioner from May 2022 in view of death of petitioner's husband who died on 25.04.2022.

2. Heard the learned counsel on either side and perused the materials available on record.

3. Without expressing any opinion on the merits of the writ petition, the respondent is directed to consider the representation submitted by the petitioner dated 11.07.2022 and pass appropriate orders on merits and in accordance with law, in the light of the order passed by this Court in W.P.No.17831 of 2020 dated 21.06.2021, within a period of twelve weeks from the date of receipt of a copy of this order.

4. With the above directions, this writ petition is disposed of. There shall be no order as to costs.

10.01.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn

G.K.ILANTHIRAIYAN. J, mn To The Managing Director, State Express Transport Corporation Limited, No.2, Pallavan Salai, Chennai - 600 002 10.01.2024