S.Kalarani v. The Management Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.04.2026
CORAM:
THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR and W.M.P(MD)Nos.13441 & 13442 of 2025 1.S.Kalarani 2.S.Gangatharan (Mentally disabled) 3.S.Gayathri 4.S.Karunamurthi ... Petitioners Vs.
1.The Management of Tamilnadu State Transport Corporation (Kumbakonam) Ltd., Trichy Region, Rep. by its Managing Director, Trichy.
2.The Administrator, Tamilnadu State Transport Employees' Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai-2.
3.C.Suguna 4.S.Nandakumar 5.Punitha ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the first respondent to pay the petitioners 4/6 share in the terminal benefits namely Gratuity, EPF, Encashment of Leaves, etc., payable for the services of the husband of the first petitioner and father of other petitioners/ deceased employee M.Subbu, Staff No.K2C990090, together with 18% interest per annum and further directing the first and second respondents to pay the first petitioner family pension, along with arrears of the same for the period from 14.11.2024 under TNSTCEPF rules, together with 18% interest per annum, within a time frame as may be fixed by this Court.
For Petitioners :
Mr.S.Arunachalam For R1 :
Mr.K.Ramaiah TNSTC Standing Counsel For R2 : Mr.S.C.Herold Singh For R3 to R5 : Mr.V.Thirumal
O R D E R
The petitioner has approached this Court seeking a Writ of Mandamus directing the first respondent to pay the petitioners 4/6th share in the terminal benefits namely Gratuity, EPF, Encashment of Leaves, etc., that were due and payable on the death of one M.Subbu, who served in the respondents 1 & 2 corporation, Staff No.K2C990090, have not been released in the light of the dispute between the petitioners' herein and the respondents 3 to 5.
2. The first petitioner is the first wife of the deceased employee, and the third respondent is stated to be the second wife. Petitioners 2 to 4 are the children of the deceased employee through the first petitioner and the respondents 4 and 5 are the children of the deceased employee through the third respondent. When the matter came up for consideration before this Court on 24.03.2026, counsel for the petitioners as well as for respondents 3 to 5 submitted that there was scope for an out-of-court settlement. Accordingly, the matter was adjourned.
3. Today, when the matter is taken up for consideration, the petitioners as well as respondents 3 to 5 have filed a joint compromise memo accompanied by deed of compromise dated 07.04.2026. The terms of the said Joint Compromise Memo is reads as under:- "1.It is submitted that on M.Subbu, (Staff No.K2C990090), who was working as permanent Conductor in the 1st Respondent Corporation from 20.10.1999, died on 13.11.2024 while in his service due to illness. The petitioners and the respondents 3 to 5 are his legal heirs. The petitioners filed W.P(MD)No.17602 of 2025 claiming proportionate share in the terminal benefits and also family pension to the 1st petitioner. Now, the petitioners and the respondents 3 to 5 resolved the dispute amicably and also entered into a settlement dated 07.04.2026, whereby they agreed to the share the above said benefits between themselves.
2. It is submitted that as per the terms of settlement dated 07.04.2026, the petitioners agreed that the respondents 3 to 5 will receive a sum of Rs.16,00,000/- (Sixteen Lakhs only) out of the total amount payable as terminal benefits namely Gratuity, EPF, Encashment of leave, etc., and that the petitioners will receive only the remaining amount whatsoever from the same. Further, the respondents 3 to 5 agreed that the petitioners will get the benefits
namely the Family Pension and appointment on compassionate ground.
3. Further, the Respondents 3 to 5 agreed that the petitioners can get the ancestral properties belonging to the deceased employee with condition that the petitioners are legally bound to settle all his dues and liabilities, which is accepted by the petitioners.
4.Further, both parties agreed to get fresh legal heirship certificate by removing the discrepancies in the existing one issued as certificate of legal heir of the deceased employee Late.M.Subbu. Both parties agreed to extend their mutual cooperation to resolve the court proceeding and also to get the above mentioned benefits from the corporation. The terms of the settlement is entered, according to their own will of the both parties without any external influence. Except the above claims settled in the settlement, there is no other claim remains to be resolved between the parties in future.
5. It is submitted that along with this joint compromise memo, the settlement dated 07.04.2026 entered between the petitioners and the respondents 3 to 5 is annexed herewith."
4. In light of the above-settled terms between the contesting parties, Respondents 1 and 2 (the Corporation) may have no objection for acting upon the said terms of compromise, as the entitlement of the legal heirs of the deceased employee is not in dispute. This Court is, therefore, inclined to accept the terms of compromise arrived at between the petitioners and Respondents 3 to 5. Accordingly, the writ petition is disposed of with a direction to Respondents 1 and 2 to settle the terminal and other pensionary benefits of late M. Subbu (Staff No. K2C990090) in terms of the joint compromise memo, as expeditiously as possible, at any rate, within a period of two months from the date of submission of all required documents by the petitioners and Respondents 3 to 5.
5. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 09.04.2026
Index :
Yes / No am MUMMINENI SUDHEER KUMAR, J.
am 09.04.2026