Madras High CourtWP(MD)/14125/2017disposed of

S.Nanjayee, v. `The Management Of Tamil Nadu

2017-07-31Honourable Mr Justice T.Raja2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.07.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.14125 of 2017 S.Nanjayee ... Petitioner -vs1.The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Represented by its Managing Director, Kumbakonam. 2.The General Manager, The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Pudukottai Region, Pudukottai.

3.The Administrator, The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Thiruvalluvar House, Pallavan Salai, Chennai-600 002.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to sanction and pay the petitioner's family pension with effect from the date of death of the petitioner's husband S.Sivasamy within the time limit that may be fixed by this Court, in accordance with the provisions of Tamilnadu State Transport Corporation Pension Fund Rules.

For Petitioner : Mr.A.Rahul For Respondents 1 and 2 : Mr.D.Sivaraman, Standing counsel for TNSTC

ORDER

By consent of both sides, this writ petition is taken up for final disposal.

2.The petitioner's husband late S.Sivasamy, having employed as Senior Grade Driver in the Pudukottai Region of the first respondent Corporation, passed away on 29.03.2015 leaving behind the petitioner, one daughter and three sons. Therefore, the petitioner submitted a representation on 12.12.2016 seeking payment of family pension. But the respondents have not https://hcservices.ecourts.gov.in/hcservices/

considered the said request. Therefore, a direction may be given to consider the petitioner's representation for payment of family pension to the petitioner.

3.Mr.D.Sivaraman, standing counsel, takes notice for the respondents sought four weeks time to consider the representation of the petitioner.

4.The petitioner's husband, having employed as a Driver from 01.07.1984 till 30.06.2009, died on 29.03.2015 leaving behind the petitioner, one daughter and three sons. Therefore, she has given a representation to the respondents along with a legal heir certificate for disbursing family pension in accordance with the TNSTC Pension Fund Rules. But for the reason best known to the respondents, till date, the representation of the petitioner has not been considered. Therefore, the respondents 2 and 3 are directed to consider the representation of the petitioner, dated 12.12.2016, on merits and in accordance with law, and pass orders within a period of four weeks from the date of receipt of a copy of this order.

5. The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar.

To 1.The Managing Director, The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam.

2.The General Manager,The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd.,Pudukottai Region, Pudukottai. 3.The Administrator, The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd.,Thiruvalluvar House, Pallavan Salai, Chennai-600 002.

+1CC to Mr.A.Rahul, Advocate, SR.No.68893 +1CC to Mr.D.Sivaraman, Advocate, SR.No.68883 W.P(MD)No.14125 of 2017 31.07.2017 RR AM/SV AA/SAR 4/17.08.2017/2P/6C https://hcservices.ecourts.gov.in/hcservices/