B. Padmavathy v. The Tamil Nadu State Transport Corporation (Tirunelveli) Limited
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.01.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.313 of 2025 B.Padmavathy ... Petitioner Vs.
1. The Tamil Nadu State Transport Corporation, (Tiruenlveli) Limited, Represented by its Managing Director, Tirunelveli.
2. The General Manager, Tamil Nadu State Transport Corporation (Tirunelveli) Limited, Tirunelveli Region, Tirunelveli.
3. The Administrator, Tamil Nadu State Transport Corporation, Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 02.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to pay the petitioner, difference amount in the terminal benefits of her husband R.Balaganapathy, in respect of Gratuity, Encashment of Earned Leave salary, Commuted value of pension and monthly pension along with dearness 1/5
allowance on par with serving employees of Transport Corporation from the date of death of his husband i.e, 24.01.2021 as per the 14th Wage Revision Settlement dated 24.08.2022 together with interest at 6% per annum for the differential payment to be computed from the date of his death till the date of payment within a time frame as may be fixed by this Court. For Petitioner : Mr.A.Rahul For R1 and R2 : Mr.D.Jebaraj Standing Counsel For R3 : Mr. S.C.Herold Singh Standing Counsel
O R D E R
The instant writ petition has been filed by the wife of the deceased Driving Instructor of the respondent Transport Corporation, seeking a Mandamus for disbursement of difference in terminal benefits arising out of 14th Wage Settlement, dated 24.08.2022 along with interest.
2. According to the learned counsel appearing for the writ petitioner, the petitioner's husband has retired from service on 30.09.2019 and he passed away on 24.01.2021. Thereafter, a settlement was reached on 24.08.2022 for enhancement of wages. However, the same is applicable to all those 2/5
employees who were in service on 01.09.2019. The petitioner has sent a representation to the respondents on 24.06.2024, seeking the said benefits. Since there is no response, the present writ petition has been filed.
3. Heard the learned counsel appearing for the writ petitioner and the learned Standing Counsel appearing for the respondents.
4. Considering the above said facts, the respondents 1 and 2 herein are directed to confer the eligible benefits upon the writ petitioner along with interest at the rate of 6% p.a., from the due date till the date of disbursement, within a period of twelve weeks from the date of receipt of a copy of this order.
5. With the above said observations, this Writ Petition stands disposed of. There shall be no order as to costs.
07.01.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi 3/5
To
1. The Managing Director, Tamil Nadu State Transport Corporation, (Tiruenlveli) Limited, Tirunelveli.
2. The General Manager, Tamil Nadu State Transport Corporation (Tirunelveli) Limited, Tirunelveli Region, Tirunelveli.
3. The Administrator, Tamil Nadu State Transport Corporation, Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 02.
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R.VIJAYAKUMAR,J.
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