K.Lalitha, v. The General Manager
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.01.2017 CORAM :
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P(MD)No.583 of 2017 K.Lalitha ... Petitioner vs.
1. The General Manager, Tamil Nadu State Transport Corporation Kumbakonam Limited Region, Kumbakonam.
2. The Managing Director, Tamil Nadu State Transport Corporation Kumbakonam Limited Region, Kumbakonam.
... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to pay the retirement benefits and other benefits of deceased employee S.KaliyaMurthy driver staff No.84DR1030 Pattukkottai Branch of the respondents 1 & 2 to the petitioner herein pursuant to the representation dated 09.12.2016. For Petitioner : Mr.V.Anand For R1 : Mr.D.Sivaraman For R2 : Mr.A.P.Muthupandian
ORDER
The petitioner is the wife of the deceased employee, namely, S.KaliyaMurthy, employed as Driver in the 1st respondent Corporation, who died on 30.06.2016.
2.She has filed this writ petition seeking for a direction to the respondents to pay the retirement benefits and other benefits of her husband pursuant to the representation dated 09.12.2016.
3. Learned counsel for the respondents would submit that the petitioner has not produced legal heir certificate and also no objection certificates to process the payment.
3. In these circumstances, this writ petition is disposed of with the following directions:- i) A direction is issued to the transport corporation to settle the terminal benefits of the husband of the petitioner that are yet to be settled to the petitioner in twelve equal monthly instalments and the 1st installment shall have to commence with effect from March, 2017 or within a period of four weeks from the date of production of the aforesaid documents, whichever is later and the amount in each of the remaining instalments shall be paid https://hcservices.ecourts.gov.in/hcservices/
on or before 10th of every succeeding month;
ii) The said terminal amount shall carry interest @ 6% per annum, as per the Division Bench judgment in W.A.(MD) Nos.383 to 457 of 2015. In case of delay in making instalments, the interest payable could be 18% for the delayed period;
iii) If the petitioner has any further grievance, she is entitled to agitate the same as per law. No costs. Sd/- Assistant Registrar[Records] /True copy/ Sub Assistant Registrar/- To:
1. The General Manager, Tamil Nadu State Transport Corporation Kumbakonam Limited Region, Kumbakonam.
2. The Managing Director, Tamil Nadu State Transport Corporation Kumbakonam Limited Region, Kumbakonam.
+1cc to Mr.V.Anand,Advocate,SR.2409 +1cc to Mr.D.Sivaraman,SR.2586 ar kk-pm-pn-sar2-17.02.2017-2p-5c W.P(MD)No.583 of 2017 12.01.2017 https://hcservices.ecourts.gov.in/hcservices/