R.Rachel Jeeva Light v. The General Manager
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.02.2024
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI R.Rachel Jeeva Light ... Petitioner Vs
1. The General Manager, Tamil Nadu State Transport Corporation (TNL) Limited, Nagarcoil Region, Rani Thottam, Kanniyakumari.
2. The Administrator, The Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 600 002.
... 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 settle the petitioner's husband retirement benefits including gratuity, commutation of pension, arrears of monthly pension from 30.04.2020 till the date of realization of amount as per the settlement, dated 24.08.2022 under Section 12(3) of ID Act 1947 w.e.f. 01.09.2019, payable to her with 18 percent rate of interest within the time that may be stipulated by this Court. 1/4
For Petitioner : Mr.G.M.Xavier For Respondents : Mr.D.Jebaraj (R1) Mr.S.C.Herold Singh (R2) Standing Counsels
ORDER
The present writ petition has been filed seeking direction to the respondents to settle the petitioner's husband retirement benefits including gratuity, commutation of pension, arrears of monthly pension from 30.04.2020 till the date of realization of amount as per the settlement, dated 24.08.2022 under Section 12(3) of ID Act 1947 w.e.f. 01.09.2019, payable to her with 18 percent rate of interest within the time that may be stipulated by this Court.
2. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
3. The petitioner's husband retired as a Checking Inspector in the respondent corporation after attaining the age of superannuation on 30.04.2020. He died on 08.06.2021.
4. Subsequently, a settlement was entered into between the Union and the Management on 24.08.2022. But it was made applicable with effect 2/4
from 01.09.2019. Therefore, the petitioner's husband was also entitled to the benefit under the said settlement, dated 24.08.2022. However, his terminal benefits were settled without reference to the terms of the settlement. Therefore, the petitioner is entitled to not only the difference in benefits but also interest thereon in respect of her husband's retirement benefits.
5. This stand of the petitioner cannot be disputed. I therefore direct the respondents corporation to pay differential benefits in respect of petitioner husband's retirement benefits including gratuity, commutation of pension and arrears of monthly pension. This amount shall be paid within a period of six months from the date of receipt of a copy of this order. The respondents have to make the differential payment with 6% interest per annum to be computed form the date of the petitioner's retirement till the date of payment.
6. Accordingly, this Writ Petition stands disposed of. No costs. 06.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes PNM 3/4
L.VICTORIA GOWRI, J.
PNM ORDER IN 06.02.2024 4/4