M. Selvarani v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.28811 of 2024 M.Selvarani ... Petitioner -vs1. The Managing Director, TamilNadu State Transport Corporation Dindigul Division, Madurai Region, Corporate Office, Madurai-10.

2. The Administrator, The Tamilnadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai-600 002.

3. The State of TamilNadu, Rep. by Secretary to Government, Finance (Pension) Department, Secretariat, Fort St., George, Chennai-600 009.

... Respondents 1/6

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to revise the wages of the petitioner's husband with effect from 01.09.2019 based on the 14th wage settlement, dated 24.08.2022 and to pay arrears of wages payable from 01.09.2019 to 29.04.21, difference in Gratuity, Provident Fund, Leave Salary and arrears of pension from 01.05.2021 to 30.04.2022 along with the interest at the rate of 10% per annum from the date of wage settlement i.e., 24.08.2022 till the date of actual payment.

For Petitioner : Mr.S.Sarvagan Prabhu For Respondent Nos.1 & 2 : Mr.S.C.Herold Singh Standing Counsel For Respondent No.3 : Mr.S.Shaji Bino Special Government Pleader

O R D E R

The instant writ petition has been filed by the wife of retired employee of the respondent transport corporation, seeking a mandamus to pay the difference amount of his retirement benefits, based upon the 14th wage settlement on 24.08.2022 and to pay arrears of Wages, Pension arrears, Gratuity and leave salary, commuted value of pension and the monthly pension along with dearness allowances along with interest. 2/6

2. According to the learned Counsel appearing for the writ petitioner, the petitioner's husband was joined in the respondent Transport Corporation on 01.12.1994, and while in service the petitioner's husband was died on 29.04.2021. The actual date of retirement of the petitioner's husband is 30.09.2022. He further contended that the 14th wage settlement was arrived on 24.08.2022. According to the petitioner, he is eligible to receive the said benefits and for revision of his pensionary benefits. 3.The petitioner has sent representation to the said effect on 16.10.2024. Since, there is no response from the respondents, the present writ petition has been filed.

4. Considering the above said facts, the respondents Transport Corporation are directed to settle the eligible terminal benefits to the writ petitioner along with 6% interest from the due date till the date of disbursement within a period of twelve weeks from the date of receipt of a receipt of a copy of this order.

3/6

5.With the above said observations, this writ petition stands disposed of. No costs.

03.12.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No gvn 4/6

To

1. The Managing Director, TamilNadu State Transport Corporation Dindigul Division, Madurai Region, Corporate Office, Madurai-10.

2. The Administrator, The Tamilnadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai-600 002.

3. The State of TamilNadu, Rep. by Secretary to Government, Finance (Pension) Department, Secretariat, Fort St., George, Chennai-600 009.

5/6

R.VIJAYAKUMAR,J.

gvn W.P(MD)No.28811 of 2024 03.12.2024 6/6