T.Muneeshwari v. The Management Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :26.02.2019
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN WP(MD)No.14472 of 2018 1.T.Muneeshwari 2.T.Muneeshwaran 3.T.Banumathi 4.T.Mugendran ... Petitioners Vs.
1.The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Karaikudi Region, Represented by its General Manager, Karaikudi.
2.The Administrator, Tamil Nadu State Transport Employees'
Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai - 2.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 1st respondent to pay the petitioners the terminal benefits namely, Gratuity, EPF, Encashment of Leaves, Death Benefit under Group Insurance Scheme, Social Security Scheme benefit, Refundable Deposits payable for the services by the husband of the 1st petitioner/ deceased employee V.Thangaraj, staff No. 98CR3047, together with 18% interest per annum and further directing the 1st and 2nd respondents to pay the 1st petitioner family pension and arrears of family pension for the period from July 2016, together with 18% interest per annum, within a time frame as fixed by this Court.
For Petitioners : Mr.S.Arunachalam For R-1 : Mr.D.Sivaraman For R-2 : Mr.AP.Muthupandian
ORDER
This writ petition has been filed seeking to direct the respondents to pay the deceased employee's terminal benefits and family pension to the petitioners.
2.The petitioners claiming to be the legal heirs of one Thangaraj, who died while he was in service as Conductor under the respondent Corporation, by way of representation dated 05.04.2018, requested for settlement of the terminal benefits of the said employee, in their favour, and such a claim has not been considered so far by the respondents, which necessitated the filing of the present writ petition.
3.The learned Standing Counsel appearing for the 1st respondent submitted that the claim of the petitioner would be considered on merits, on receipt of certain documents from the petitioners. 4.Under such facts and circumstances of the case, this Court, without going into the merits of the petitioners' case, directs the petitioners to submit all the documents, which are required by the the 1st respondent, within a period of two weeks from the date of receipt of a copy of this order and the 1st respondent, on receipt of such required documents shall consider the petitioners' representation dated 05.04.2018 on merits and in accordance with law and pass appropriate orders, after affording opportunity of hearing to the petitioners within a period of six weeks thenceforth. 5.With the above direction, this writ petition stands disposed of. No costs.
Sd/- Assistant Registrar(CS-III) // True Copy // Sub Assistant Registrar(CS ) To 1.The General Manger, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Karaikudi Region, Karaikudi.
2.The Administrator, Tamil Nadu State Transport Employees'
Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai - 2.
+1 CC TO Mr.S.ARUNACHALAM, ADVOCATE IN SR No.50062 +1 CC TO Mr.D.SIVARAMAN, ADVOCATE IN SR No.50078 WP(MD)No.14472 of 2018 26.02.2019 DSK PK/PS/17.05.2019 : 3P/5C