Ayyammal v. State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-08-2025

CORAM

THE HONOURABLE MS. JUSTICE P.T. ASHA

1. Ayyammal W/o.Late T.Kuppusamy, No. 26,East Street, Vadakkanandal Post, Chinnasalem Taluk, Kallakurichi District -606 207.

Petitioner(s) Vs

1. State of Tamil Nadu Represented by its Additional Chief Secretary Transport Department, Fort St. George,Chennai -600 009.

2.The General Manager, Tamil Nadu Transport Corporation, No.3/137, Salamedu, Kandamanadi Post, Villupuram & District.

Respondent(s) PRAYER Directing the respondent to not deduct the commutation due Rs. 8,000/- from

petitioner's pension, and pay petitioner monthly pension Rs.24,000/- and direct to the respondents to release the amount already deducted from petitioner's pension (from 05.05.2023 to 31.07.2025) by considering petitioner's representation dated 04.07.2025.

For Petitioner(s):

V.Gunasekar A.Logesh For R1 and R2:

Mr.V.Jeeva Giridharan, Additional Government Pleader

ORDER

The Writ Petition is filed for the below relief: " directing the respondent to not deduct the commutation due Rs. 8,000/- from petitioner's pension, and pay petitioner monthly pension Rs.24,000/- and direct to the respondents to release the amount already deducted from petitioner's pension (from 05.05.2023 to 31.07.2025) by considering petitioner's representation dated 04.07.2025."

2. The brief facts which are culminated in the filing of this writ petition are set out below:

2.1. It is the case of the petitioner that her husband Kuppusamy joined as a Contractor in the Office of the 2 nd respondent Transport Corporation for 33

years without any default. On 30.06.2022, her husband retired from service without receiving any retirement benefits. He received the commutation amount of Rs.7,86,684/- in the year 2022. On 24.03.2023, her husband passed away due to ill health.

3. It is the submission of the learned Counsel for the petitioner that as the petitioner is the legal heir of her deceased husband, she receives pension of Rs.16,000/- from the 2 nd respondent, whereas, as per the order issued by the 2 nd respondent, her original pension was Rs.24,000/-. After deducting the said commutation amount of Rs.8,000/-, she receives only Rs.16,000/- per month. The retirement benefits of her deceased husband was received by her on 04.07.2023. The learned Counsel also submitted that the 2 nd respondent has no right to deduct the amount commuted after the death of her husband.

4. The petitioner had made a representation through Retired employees Welfare Association to the 2 nd respondent on 27.06.2024 and again on 04.07.2025, a detailed representation was made, however, that was also not considered by the respondent. Therefore, the petitioner has come forward to file this writ for mandamus.

5. Heard the Counsel for their Petitioner and Mr.Jeeva Giridharan, Additional Government Pleader for Respondents 1 and 2.

6. The only request of the petitioner before this Court is for early disposal of the representation given by her to not deduct the commutation amount of Rs.8,000/- from her pension and to release the amount already deducted from her pension. Since the respondents has failed to act upon the representation, a mandamus is issued to the respondents to dispose of the representation of the petitioner dated 04.07.2025 within a period of two (2) months from the date of the receipt of the copy of this order.

7. Accordingly, the Writ Petition stands allowed. No costs. 11-08-2025 Shl Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.State of Tamil Nadu Represented By Its Additional Chief Secretary Transport Department, Fort St. George,Chennai -600 009.

2.The General Manager, Tamil Nadu Transport Corporation, No. 3/137, Salamedu, Kandamanadi Post, Villupuram And District.

P.T.ASHA J.

shl 11-08-2025