B.Revathy, v. The Tamil Nadu State Transport
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.09.2018
CORAM:
THE HONOURABLE Mr.JUSTICE S.VAIDYANATHAN W.P.(MD)No.19034 of 2018 B.Revathy ...
Petitioner Vs.
The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Rep.by its Managing Director, Kumbakonam.
...
Respondent PRAYER: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to forthwith disburse the death cum terminal benefits of the petitioner's husband Late B.Balakrishnan including gratuity, monthly pension, family benefit fund, Provident fund, Cholan Employees Social Security Scheme Amount, Refund of her husband's contribution towards Medical, Engineering, Polytechnic Colleges and Institute of Road Transport and all other attendant benefits with interest payable at 18% per annum commencing from 20.07.2017 to till the date on which the above monetary benefits are disbursed to the petitioner.
For Petitioner : Mr.A.Rahul For Respondent : Mr.D.Sivaraman
O R D E R
The Writ Petition has been filed praying to issue a Writ of Mandamus, directing the respondents to forthwith disburse the death cum terminal benefits of the petitioner's husband Late B.Balakrishnan including gratuity, monthly pension, family benefit fund, Provident fund, Cholan Employees Social Security Scheme Amount, Refund of her husband's contribution towards Medical, Engineering, Polytechnic Colleges and Institute of Road Transport and all other attendant benefits with interest payable at 18% per annum commencing from 20.07.2017 to till the date on which the above monetary benefits are disbursed to the petitioner.
2. By consent of both sides, the Writ Petition itself is taken up for final disposal at the admission stage itself.
3. Without going into the merits of the matter, the petitioner is directed to forward a copy of 'No Due Certificate' to the respondent, with a fresh representation, within a period of four weeks from the date of receipt of a copy of this order and if such representation is received, the respondent shall consider the same within a period of one month from the date of receipt of https://hcservices.ecourts.gov.in/hcservices/
representation, in accordance with law, provided if the petitioner fulfils necessary requirement.
4. If the petitioner is eligible for family pension, necessary formalities have got to be complied with and proposals have got to be sent to the authority concerned within a period of four weeks and on such receipt of the proposals, the pension authorities are expected to consider the request of the petitioner. With regard to other terminal benefits like gratuity etc., it shall be paid within 12 equal monthly installments together with interest at the rate of 6% per annum. The first installment shall commence from 1st December, 2018 and the amount in each of the remaining installments shall be paid on or before 10th of every succeeding month;
5. With the above direction, the Writ Petition stands disposed of. No costs.
Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar(CS-IV) To The Managing Director, The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam.
+1cc to Mr.A.Rahul, Advocate Sr.No.85310 +1cc to Mr.D.Sivaraman, Advocate Sr.No.85308 MPK VB/RP/SAR4/16.10.2018/2P/4C W.P.(MD)No.19034 of 2018 18.09.2018 https://hcservices.ecourts.gov.in/hcservices/