Pushpam. P v. The Management Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.12.2023

CORAM

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR P.Pushpam ... Petitioner Vs.

1.The Management of State Express Transport Corporation (Tamil Nadu) Limited, Represented by its Managing Director, Pallavan Salai, 2.The Administrator, Tamil Nadu State Transport Employees' Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, ... 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 the petitioner and settle the terminal and pension benefits payable for the services of her husband/deceased employee R.Balasubramanian, Staff No.3661, namely Employees Provident Fund, Gratuity, Arrears of Pension payable to him for the period from June 2012 to August 2017 and Arrears of Family Pension 1/5

payable to her for the period from September 2017 to February 2022 and all other benefits, together with 18% per annum.

For Petitioner : Mr.S.Arunachalam For Respondents : Mr.S.C.Herold Singh Standing Counsel

ORDER

The present writ petition has been filed by the wife of a deceased employee of the respondent Transport Corporation, who had attained superannuation on 31.05.2012 seeking a Mandamus for disbursal of arrears of family pension and retirement benefits. The employee had passed away on 20.08.2017.

2. According to the learned Standing Counsel appearing for the respondent Corporation, the employee had not repaid the PF loan amount and therefore, the retirement benefits have not yet been disbursed. The learned Counsel appearing for the petitioner, on instructions, submits that the said amount may be retained and the balance amount of the arrears of family pension and retirement benefits may be disbursed. 2/5

3. In view of the above said facts, the respondent Corporation is at liberty to retain the amount which was un-paid by the employee to the EPF loan amount. The rest of the amount including the pension, arrears of family pension and retirement benefits shall be disbursed by the respondent Corporation with 6% interest from the due date within a period of twelve (12) weeks from the date of receipt of a copy of this order.

4. With the above said direction, this writ petition stands disposed of. There shall be no order as to costs.

06.12.2023 NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The Managing Director, The Management of State Express Transport Corporation (Tamil Nadu) Limited, Pallavan Salai, 3/5

2.The Administrator, Tamil Nadu State Transport Employees' Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, 4/5

R.VIJAYAKUMAR, J.

BTR 06.12.2023 5/5