S.Pandiammal v. S.Duraipandi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 22.02.2018

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MRS.JUSTICE R.THARANI Rev.Aplc(MD)No.23 of 2018 and C.M.P.(MD).No.1815 of 2018

1. The Managing Director, The Tamil Nadu State Transport Corporation (Madurai) Ltd., Bye-pass Road, Madurai-10.

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

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

... Petitioner/Petitioner Vs.

P.Chidambaram ... Respondent/Appellant PRAYER: This Review Petition is filed Order XLVII Rule 1 and 2 R/W Section 114 C.P.C., against the order dated 26.03.2015 passed by this Court in W.A.(MD).No.233 of 2015.

Prayer in WA(MD)No.233/ 2015 :

Writ Appeal filed under Clause 15 the of the Letters Patent against the order dated 18.12.2014 made in W.P.(MD)No.20686 of 2014, on the file of this Honourable Court.

Prayer in WP(MD)No.20686/ 2014 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus (i) directing the respondents to settle the petitioner s retirement benefits including Leave Salary, Gratuity, Post Retirement benefit scheme arrears, Dearness Allowance arrears and all other attendant retirement benefits etc with interest at the rate of not less than 12% per annum payable from the date of retirement and (ii) further directing the respondents to pay interest at the rate of 12%per annum for the belated settlement of retirement benefits such as provident fund, the commuted value of pension, the refund of Institute of road transport contribution https://hcservices.ecourts.gov.in/hcservices/

arrears etc., to the petitioner payable from the date of retirement i.e. 31.08.2014 to till the date of actual payment to the petitioner.

For Petitioner : Mr.A.Jeyaram For Respondents : Mr.A.Raghu

O R D E R

[Order of the Court was delivered by T.S.SIVAGNANAM, J.] Heard Mr.A.Jeyaram, learned counsel appearing for the petitioner and Mr.A.Raghu, learned counsel appearing for the respondent.

2.This review petition has been filed to review the judgment dated 26.03.2015 passed in W.A(MD).No.233 of 2015. We find that the only reason for filing the review is to grant time to settle the arrears of pensionary benefits. During the pendency of this proceedings, the respondent workman died.

3.The learned counsel for the petitioner Management would submit that all the dues have been paid, except leave salary. However, the learned counsel for the respondent workman does not have any specific instructions in this regard. 4.In any event, we find that there are no grounds made out to review the judgment of the Division Bench. Hence, the review petition is dismissed. However, the legal heirs of the respondent workman are directed to approach the petitioner Management within a period of one week from the date of receipt of a copy of this order and produce the necessary records to establish that they are the legal heirs of the respondent workman and on receipt of the records, the petitioner Management is directed to process the papers and release all the benefits, which are payable to the respondent workman, except leave salary, within a period of three weeks thereafter. The payment has to be made to the legal heirs of the deceased respondent workman along with interest at the rate of 6%. No costs. Consequently, the connected miscellaneous petition is also closed.

Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar NS TE/GT/SAR-1 : 20/03/2018 : 2P/1C Rev.Aplc(MD)No.23 of 2018 and C.M.P.(MD).No.1815 of 2018 22.02.2018 https://hcservices.ecourts.gov.in/hcservices/