R.Saroja v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.01.2025

CORAM:

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR R.Saroja ... Petitioner Vs.

1. The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Ltd., Madurai Region, Bye-pass Road, Madurai.

2. The Administrator, Tamil Nadu State Transport Corporation 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 to direct the respondents to release the monthly pension to the petitioner from the date of her son's death i.e., 15.01.2023 with reasonable rate of interest.

For Petitioner : Mr.G.M.Xavier For R1 : Mr.Ramachandrapradeep Standing Counsel For R2 : Mr.S.C.Herold Singh Standing Counsel 1/4

ORDER

Mr.Ramachandra Pradeep, learned Standing Counsel takes notice on behalf of the 1st respondent. Mr.S.C.Herold Singh, learned Standing Counsel takes notice on behalf of the 2nd respondent.

2. The instant writ petition has been filed by the mother of the deceased employee of the respondent transport corporation, seeking a mandamus to release the family pension to her.

3. A perusal of the records reveal that the petitioner's son was employed as a driver in the respondent transport corporation, ellis nagar branch and he passed away while in service on 15.01.2023. It could be seen from the records that the petitioner's son had married one D.Subbulakshmi @ Priya and both of them jointly filed HMOP.No.171 of 2008 before the III Additional Subordinate Judge, Madurai seeking divorce on mutual consent. The concerned Judge was pleased to allow the said petition on 17.06.2008. The petitioner's son has not remarried thereafter.

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4. In the light of the above said facts, the petitioner has sought for disbursement of family pension through a representation dated 23.11.2024 in her favour. Since the same was not considered, the present writ petition has been filed.

5. The facts captured will clearly indicate that the petitioner's son had died while in service leaving behind the parents as the sole legal heir.

6. Considering the above said facts, the respondents herein are directed to release the eligible family pension to the petitioner herein within a period of four (4) months from the date of receipt of a copy of this order.

7. The writ petition stands disposed of with the above observations and directions. No cost.

27.01.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 3/4

R.VIJAYAKUMAR , J.

rgm To

1. The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Ltd., Madurai Region, Bye-pass Road, Madurai.

2. The Administrator, Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 02.

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