K.Krishnaveni, v. The Administrator,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.07.2022 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM K.Krishnaveni ... Petitioner Vs.

1.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund, Pallavan Salai, Chennai - 600002.

2.The Managing Director, Metropolitan Transport Corporation Ltd., Pallavan Illam, Anna Salai, Chennai - 600002.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to pay full back wages from 09.07.2009 to 17.02.2010, gratuity, family pension and other terminal benefits etc., petitioner's husband is entitled to. For Petitioner : Mr.A.L.Rajaraman For Respondents : Mr.C.Gouthama Raj Standing Counsel

O R D E R

The relief sought for in the present writ petition is to direct the respondents to pay full back wages from 09.07.2009 to 17.02.2010, gratuity, family pension and other terminal benefits due to the petitioner's husband.

2. The husband of the writ petitioner was employed in the Metropolitan Transport Corporation Limited. Departmental disciplinary proceedings were initiated against the husband of the writ petitioner and after conducting an enquiry, he was admittedly, dismissed from service on 09.07.2009. The petitioner herself has admitted in the affidavit filed in support of the writ petition that her husband was dismissed from service on 09.07.2009.

3. As per the Service Rules in force, the dismissed employee is not eligible for terminal benefits. Only eligible benefits like gratuity, pension alone is to be paid.

4. The learned Standing Counsel appearing on behalf of the respondents made a submission that the said eligible benefits has already been settled in favour of the writ petitioner and the petitioner is not

eligible for any other benefits as the husband of the petitioner was dismissed from service.

5. In view of the fact that the husband of the writ petitioner was dismissed from service and the order of dismissal became final and remained unchallenged, the petitioner is not eligible for any other relief.

6. Accordingly, the Writ Petition stands dismissed. No costs 12.07.2022 Jeni Index : Yes Speaking order : Yes To 1.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund, Pallavan Salai, Chennai - 600002.

2.The Managing Director, Metropolitan Transport Corporation Ltd., Pallavan Illam, Anna Salai, Chennai - 600002.

S.M. SUBRAMANIAM, J.

Jeni 12.07.2022