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Madras High CourtWP/20264/2021disposed of

C.Gomathi v. The Managing Director

2021-09-22Honourable Mr Justice C. Saravanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.09.2021

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.No.20264 of 2021 (Through Video Conferencing) C.Gomathi

...Petitioner

Vs The Managing Director, Tamil Nadu State Transport Corporation (Salem), Limited, 12, Ramakrishna Road, Salem - 636 007.

...Respondent

Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondent herein to pay the entire death benefits of the deceased petitioner's husband such as Provident Fund (Management & Employee share), Gratuity, Employee Retirement Benefit Scheme Share, IRT share, Earned leave Surrender arrears, Medical Leave pay with interest at 18% per annum from the date of death of petitioner's husband R.Chandran (viz 02.01.2014) till date of payment to the petitioner.

For Petitioner : Mr.S.Balaji For Respondents : Mr.D.Raghu Standing Counsel

ORDER

The petitioner has sent representations dated 23.12.2020 and 23.08.2021. It is the case of the petitioner that the petitioner's husband Mr.R.Chandran who was attached to the Johnsonpet Branch of the respondent/corporation died on 02.01.2014 while in service.

2.It is the case of the petitioner that after the death of the petitioner's husband, the respondents have not settled the Provident Fund (Management & Employee share), Gratuity, Employee Retirement Benefit Scheme Share, IRT share, Earned leave Surrender arrears, Medical Leave pay and other terminal benefits. It is the further case of the petitioner that despite https://hcservices.ecourts.gov.in/hcservices/

the two representations dated 23.12.2020 and 23.08.2021, the respondents have not passed any order for releasing the terminal benefits to the petitioner.

3.It is submitted that the petitioner has two minor children and an aged mother in law to support. They are the only legal heirs of the petitioner's deceased husband. Considering the same, this writ petition is disposed by directing the respondent and consider the same and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order. In case, the petitioners are entitled for any amount as represented, the respondent shall also pay interest at 4% of the petitioner on such delayed payment. No costs. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar jas To The Managing Director, Tamil Nadu State Transport Corporation (Salem), Limited, 12, Ramakrishna Road, Salem - 636 007.

+1cc to Mr.S.Balaji, Advocate, S.R.No.48479 W.P.No.20264 of 2021 KV(CO) RGA(27/10/2021) https://hcservices.ecourts.gov.in/hcservices/