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Madras High CourtWP(MD)/19452/2021disposed of

Pushparani.S v. The Tamil Nadu State Transport

2024-07-15Honourable Mrs Justice L.Victoria Gowri6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.07.2024

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI S.Pushparani ... Petitioner Vs.

1.The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Represented by its Managing Director, Kumbakonam.

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

3.The Administrator, TNSTC Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-02.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to pay death cum terminal benefits of the petitioner's deceased husband 1/6

A.Sellapillai including Family Benefit Fund, Post-retirement benefit scheme amount, salary arrears for the month of April 2018 and Family pension arrears from 01.05.2018 to 30.09.2020 with interest at the rate of 6% per annum within a time limit that may be fixed by this Court. For Petitioner : Mr.A.Rahul For R-1 & R-2 : Mr.P.Balasubramanian, Standing Counsel For R-3 : Mr.S.C.Herold Singh, Standing Counsel

ORDER

This writ petition has been filed seeking direction to the respondents to pay death cum terminal benefits of the petitioner's deceased husband A.Sellapillai including Family Benefit Fund, Post-retirement benefit scheme amount, salary arrears for the month of April 2018 and Family pension arrears from 01.05.2018 to 30.09.2020 with interest at the rate of 6% per annum.

2. When the matter was taken up for hearing, the learned counsel appearing for the respondents submitted that, the terminal benefits of the deceased employee were already settled on various dates as detailed below: 2/6

i) Gratuity of Rs.6,38,790/- paid by cheque No.879147 dated 22.01.2021; ii) Provident Fund of Rs.4,43,488/- paid by Cheque No.8783961 dated 22.01.2021;

iii) Earned Leave salary of Rs.3,14,711/- paid by Cheque No.766059 dated 10.02.2021;

iv) Family Benefit Fund of Rs.2,95,000/- paid by Cheque No. 328135 dated 31.12.2021;

v) Retirement Benefit Scheme of Rs.17,600/- paid on 26.05.2023; vi) Institute of Road Transport fund of Rs.4,500/- paid on 16.05.2022; vi) Pension arrears of Rs.6,01,776/- paid five installments; Hence, nothing survives for adjudication and pressed for dismissal of the writ petition.

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3. However, the learned counsel appearing for the petitioner submitted that the petitioner is entitled for interest at the rate of 6% for the belated settlement of the terminal benefits.

4. Heard the learned counsels on either sides. Carefully perused the materials available on record.

5. In view of the same, the respondents are directed to pay the interest at the rate of 6% for the belated payment of terminal benefits as detailed above. Accordingly, this writ petition stands disposed of. There shall be no order as to costs.

15.07.2024 NCC : Yes / No Index : Yes / No Internet : Yes Sml 4/6

To 1.The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Represented by its Managing Director, Kumbakonam.

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

3.The Administrator, TNSTC Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-02.

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L.VICTORIA GOWRI, J.

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