M.Mithiladevi v. The General Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.26884 of 2024 M.Mithiladevi ... Petitioner Vs.

1. The General Manager, The Tamil Nadu State Transport Corporation (Madurai) Limited, Dindigul Region, Dindigul District.

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

... 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 settle the petitioner's husband's retirement benefits including gratuity, commutation of pension and arrears of monthly pension from 30.09.2020 i.e. date of petitioner's husband's death till the date of realization of amount as per the settlement dated 24.08.2022 under Section 12(3) of ID Act 1947, w.e.f. 01.09.2019, payable to the petitioner with 18% rate of interest within the time that may be stipulated by this Court.

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For Petitioner : Mr.G.M.Xavier For R1 : Mr.K.Ramaiah Standing Counsel For R2 : Mr.S.C.Herold Singh Standing Counsel

O R D E R

The present Writ Petition has been filed by the wife of the deceased employee of the respondent Transport Corporation, seeking a Mandamus for disbursement of benefits arising out of 14th Wage Settlement, dated 24.08.2022.

2. According to the learned counsel appearing for the writ petitioner, the petitioner's husband had obtained voluntary retirement before 24.08.2022. As per the wage settlement, the benefits will be conferred upon all those employees who were on service on 01.09.2019. However, the said benefits have not been conferred upon the writ petitioner. The petitioner has also sent a representation to the respondents herein on 25.04.2024 for conferment of the said benefits. Since the representation has not been considered, the present writ petition has been filed.

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3. Heard the learned counsel appearing for the writ petitioner and the learned Standing Counsel appearing for the respondents.

4. Considering the above said facts, the respondents herein are directed to confer the eligible benefits upon the writ petitioner along with interest at the rate of 6% p.a., from the due date till the date of disbursement, within a period of twelve weeks from the date of receipt of a copy of this order.

5. With the above said observations, this Writ Petition stands disposed of. There shall be no order as to costs.

12.11.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi 3/5

To

1. The General Manager, The Tamil Nadu State Transport Corporation (Madurai) Limited, Dindigul Region, Dindigul District.

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

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R.VIJAYAKUMAR,J.

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