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Madras High CourtWP/34589/2016disposed of

Saradha Selvi v. The Managing Director

2016-09-30Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.09.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.34589 of 2016 Saradha Selvi ... Petitioner vs.

The Managing Director, Tamil Nadu State Transport Corporation, Salem Division, No.12, Ramakrishna Salai, Salem-7.

... Respondent Writ petition has been filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondent to consider the petitioner's representation dated 05.07.2016 and to release the retirement benefits of the petitioner's husband.

For Petitioner :

Mr.K.Nagarajan For Respondent :

Mr.R.K.Ganthi

ORDER

By consent, the main writ petition itself is taken up for final disposal.

2. The petitioner's husband joined the services of the Transport Corporation on 13.05.1991 and he died on 05.06.2015 while in service. The grievance of the petitioner is that though her husband died while in service, till date, no service benefits due to her husband were paid to the petitioner. In this regard, the petitioner submitted representations before the respondent, on various dates. However, till date, there was no response. Aggrieved against the same, the present Writ Petition has been filed.

3. I have heard the learned counsel appearing for the petitioner and the learned counsel, who has taken notice on behalf of the respondent.

https://hcservices.ecourts.gov.in/hcservices/

4. The issue involved in the present writ petition is squarely covered by the judgment of the Division Bench of the Madurai Bench of this Court dated 12.6.2015 made in W.A.(MD) Nos.383 to 457 of 2015 (K.Rajendran & Others vs. The Tamil Nadu State Transport Corporation (Madurai) Limited, rep. by its Managing Director, Madurai and others).

5. Following the said judgment, without going into the merits of the matter, the respondent is directed to disburse the aforementioned service/terminal benefits of her husband, to the petitioner, in twelve equal monthly instalments, in the light of the common judgment passed by this Court in W.A.(MD) Nos.383 to 457 of 2015 (K.Rajendran & Others vs. The Tamil Nadu State Transport Corporation (Madurai) Limited, rep. by its Managing Director, Madurai and others), dated 12.06.2015. It is also made clear that the first instalment shall commence from 1.12.2016.

6. With the above direction, the present writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar ssv To The Managing Director, Tamil Nadu State Transport Corporation, Salem Division, No.12, Ramakrishna Salai, Salem-7.

+ 1 cc to Mr.K. Nagarajan, Advocate Sr.56381 W.P.No.34589 of 2016 RK(CO) Eu 21.11.16 https://hcservices.ecourts.gov.in/hcservices/