Madras High CourtWP(MD)/8240/2017disposed of

C.Sasikala v. The Managing Director

2019-02-18Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:18.02.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.8240 of 2017 C.Sasikala ... Petitioner vs.

1. The Managing Director, Tamilnadu State Transport Corporation (Tirunelveli) Limited, No.19, Trivandrum Road, Vannarapettai Post, Tirunelveli - 627 001.

2. The General Manager, Tamilnadu State Transport Corporation (Tirunelveli) Limited, Nagercoil Region, Ranithottam, Nesamony Nagar, Nagercoil - 629 001.

3. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-600 002.

... Respondents (R.3 was impleaded by order of this Court dated 18.02.2019 in WMP(MD)No.6712/2017) PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents herein to release the petitioners family pension arrears of a sum of Rs.80,453/-(from the month of August 2011 to may 2012) with 12% interest till date of realization.

For Petitioner : Mr.K.Vamanan For Respondents : Mr.K.Sathyasingh 1 & 2

ORDER

The Writ Petition is filed seeking a direction to the respondents to release the petitioner's family pension arrears of a sum of Rs.80,453/-(from the month of August 2011 to may 2012) with 12% interest till date of realization.

2. Heard the learned Counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents and perused the materials available on record.

3. The case of the petitioner is that her family pension arrears from August 2011 to May 2012 has not been disbursed to her. In respect of the same, the petitioner had sent a representation dated 29.06.2015 to the respondents seeking disbursement of family pension arrears. Since the same has not been considered so far, the petitioner is constrained to approach this Court by filing this Writ Petition.

4. The learned Standing Counsel appearing for the respondents submitted that the representation of the petitioner would be considered by the respondents within a time frame as fixed by this Court.

5. In such view of the matter, without going into the merits of the petitioner's case, the respondents are directed to consider the representation of the petitioner, dated 29.06.2015, seeking disbursement of family pension arrears along with interest and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order.

6. The Writ Petition stands disposed of with the above direction. No costs.

sd/ Assistant Registrar(writs) /True Copy/ Sub Assistant Registrar To

1. The Managing Director, Tamilnadu State Transport Corporation (Tirunelveli) Limited, No.19, Trivandrum Road, Vannarapettai Post, Tirunelveli - 627 001.

2. The General Manager, Tamilnadu State Transport Corporation (Tirunelveli) Limited, Nagercoil Region, Ranithottam, Nesamony Nagar, Nagercoil - 629 001.

3. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-600 002.

+1 CC to Mr.K.VAMANAN, Advocate ( SR-48574[F] dated 20/02/2019 ) W.P(MD) No.8240 of 2017 18.02.2019 ssl MK (15.03.2019) 3P 5C