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Madras High CourtWP(MD)/19280/2016disposed of

C.Jayanthi, v. The Tamil Nadu State Transport

2016-10-26Honourable Mr Justice M.V. Muralidaran3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.10.2016

CORAM

THE HON'BLE MR.JUSTICE M.V.MURALIDARAN W.P.(MD) No.19280 of 2016 C.Jayanthi ... Petitioner -vs1.The Tamil Nadu State Transport corporation (Kumbakonam) Ltd.

Rep. by its Managing Director, Kumbakonam.

2.The General Manager, The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam Region, Kumbakonam.

3.The Administrator, the Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar Illam Pallavan Salai Chennai.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondents to settle all the eligible death cum terminal benefits of the husband of the petitioner late K.Chandran to the petitioner including gratuity, pay revision arrears and dearness allowance arrears on family pension as revised from time to time and all other attendant benefits together with interest at the rate of 18% per annum payable from the date of death of her husband from the service of the 1st respondent corporation to till the date on which the above benefits are settled to the petitioner. For Petitioner : M/s.A.Rahul For Respondents : Mr.D.Sivaraman

O R D E R

This writ petition has been filed for a direction, directing the respondents to settle all the eligible death cum terminal benefits of the husband of the petitioner late K.Chandran to her including gratuity, pay revision arrears and dearness

allowance arrears on family pension as revised from time to time and all other attendant benefits together with interest at the rate of 18% per annum payable from the date of death of her husband from the service of the 1st respondent corporation to till the date on which the above benefits are settled to her.

2. Heard the learned counsel for the petitioner and the learned counsel appearing for the respondents. 3.It is seen that the petitioner's husband was working under the 1st respondent as Branch Manager (in-charge) at Mayiladurai Branch. While so, he died in harness on 10.02.2015. However, the death benefits including gratuity have not been settled so far.

Therefore, the petitioner has given a representation to the respondents to settle the entire benefits to her. Since the said representation has not been considered so far, she has come up with this writ petition.

4. The counsel for the petitioner submit that it would suffice if this Court give direction to dispose of the petitioner's representation, he will be satisfied and the learned Additional Government Pleader also agreed for the same. 5.In view of the above, without going into the merits of the case, the respondents are directed to pass orders on the petitioner's representation dated 07.09.2016 within a period of four weeks from the date of receipt of a copy of this order, after giving opportunity to the petitioner.

6.With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS II) /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., Kumbakonam Region, Kumbakonam.

3.The Administrator, the Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar Illam Pallavan Salai, Chennai. +2cc to Mr.A.Rahul, Advocate SR.No.64866,64713 +1cc to Mr.D.Sivaraman,Advocate SR.No.64416 rr sm:sk-skn:02/12/2016:2P/7C W.P.(MD)No.19280 of 2016 26.10.2016