D.Pushpam, D/O.Dhasan, v. The Management Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :26.02.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN WP(MD)No.23057 of 2018 D.Pushpam ... Petitioner Vs.

1.The Management of Tamil Nadu State Transport Corporation (Tirunelveli) Limited, Nagercoil Region, Represented by its Managing Director, Nagercoil.

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 petitioner Rs.4,46,207/- towards EPF Employee's contributions, Rs.3,81,125/- towards gratuity for 21 years of the petitioner's service period by counting the same from the month of the petitioner's joining the services, ie., October 1997, Rs.16,769/- towards encashment of 15.5 days of earned leaves Rs.50,000/- towards employees social security scheme, Rs.5,000/- towards refundable deposits, etc., together with 18% interest and further directing the respondents to revise the petitioner's pension and pay the petitioner arrears of pension for the period from 01.05.2018 by counting the petitioner's pensionable service period from October 1997 together with 18% interest per annum, within a time frame as may be fixed by this Court.

For Petitioner : Mr.S.Arunachalam For R-1 : Mr.k.Sathiya singh For R-2 : Mr.AP.Muthupandian

ORDER

This writ petition has been filed seeking to direct the 1st and 2nd respondents to pay the terminal benefits payable to the petitioner, on the basis of the petitioner's representation. https://hcservices.ecourts.gov.in/hcservices/

2.The claim made by the petitioner through her representation dated 05.10.2018, for settlement of the terminal benefits, has not been considered so far by the respondents, which led to the filing of this writ petition.

3.The learned Standing Counsel appearing for the 1st and 2nd respondents submitted that the claim of the petitioner would be considered on merits.

4.Under such facts and circumstances of the case, this Court, without going into the merits of the petitioner's case, directs the 1st and 2nd respondents, to consider the petitioner's representation dated 05.10.2018 on merits and in accordance with law and pass appropriate orders, after affording opportunity of hearing to the petitioner. Such an exercise shall be carried out within a period of eight weeks from the date of receipt of a copy of this order.

5.With the above direction, this writ petition stands disposed of.No costs.

Sd/- Assistant Registrar(CS-III) // True Copy // Sub Assistant Registrar(CS) dsk To 1.The Managing Director, Tamil Nadu State Transport Corporation (Tirunelveli) Limited, Nagercoil Region, Nagercoil.

2.The Administrator, Tamil Nadu State Transport Employees'

Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai - 2.

+1cc to Mr.K.Sathiya singh, Advocate in SR No.49991 +1cc to Mr.S.Arunachalam, Advocate in SR No.50063 WP(MD)No.23057 of 2018 https://hcservices.ecourts.gov.in/hcservices/ NM/PS/03.05.2019/2P/5C