Pushphavalli.C v. The Tamil Nadu State Transport

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.01.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI C.Pusphavalli ... Petitioner Vs.

1. The Tamil Nadu State Transport Corporation (Kumabkonam Limited), Represented by its Managing Director, Kumbakonam.

2. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 600 002.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the respondents to pay the petitioner's family pension arrears of her husband late R.Chandar from 02.09.2020 to 31.12.2021 with 6% interest per annum.

For Petitioner :

Mr.A.Rahul For Respondents :

Mr.K.Jagadees Balan Standing Counsel for R1 Mr.S.C.Herold Singh for R2

O R D E R

This Writ Petition has been filed for a direction to the respondents to pay the petitioner's family pension arrears of her husband late R.Chandar from 02.09.2020 to 31.12.2021 with 6% interest per annum.

2. The case of the petitioner is that the petitioner's husband has joined as Driver in the first respondent Corporation from 1979 and he retired from service on 05.05.2005 on attaining the age of superannuation. Subsequently, the petitioner's husband passed away on 06.09.2020 leaving behind the wife, sons and daughter. Thereafter, the family pension was paid to the petitioner only from January, 2022. However, the arrears of family pension from 02.09.2020 to 31.12.2021 has not been disbursed to the petitioner. Hence, she made a representation to the respondents on

06.10.2022. But, till date, no order was passed. Therefore, the petitioner has filed the present Writ Petition with the aforesaid prayer.

3. The learned counsel appearing for the petitioner would submit that it would suffice, if the concerned respondent is directed to consider the representation of the petitioner, dated 06.10.2022, on merits and in accordance with law, within a specified period.

4. The learned counsel appearing for the respondents has no serious objection for such an order being passed by this Court.

5. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the concerned respondent to consider the petitioner's representation, dated 06.10.2022 and to disburse the arrears of family pension with applicable interest within a period of four weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

20.01.2023 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji To

1. The Managing Director, The Tamil Nadu State Transport Corporation (Kumabkonam Limited), Kumbakonam.

2. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 600 002.

M.DHANDAPANI,J.

vji 20.01.2023