J.Kavitha v. The Tamilnadu State Transport Corporation (Kumbakonam) Ltd.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.12.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.29896 of 2024 J.Kavitha ... Petitioner Vs.
1. The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Represented by its Managing Director, Kumbakonam.
2. The General Manager, The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Karaikudi Region, Karaikudi.
3. The Administrator, The Tamil Nadu Transport Corporation 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 the petitioner, difference amounts in gratuity, leave salary from 20.11.2018 to till date and family pension along with Dearness allowance on par with serving employees of Transport Corporation based on such revised 1/5
wages payable to the petitioner as on the date of her husband V.Janarthanan's death that is 20.11.2018 in terms of the wage revision settlement under Section 12(3) of I.D. Act dated 04.01.2018 along with interest at the rate of 6% per annum within a time frame as may be fixed by this Court. For Petitioner : Mr.A.Rahul For R1 & R2 : Mr.K.Jagadeesbalan Standing Counsel For R3 : Mr.S.C.Herold Singh Standing Counsel
O R D E R
The instant writ petition has been filed by the wife of a deceased Selection Grade Conductor of the respondent Transport Corporation, seeking a Mandamus for disbursement of benefits arising out of 13th Wage Settlement, dated 04.01.2018.
2. According to the learned counsel appearing for the petitioner, the petitioner's husband had passed away on 20.11.2018 while he was in service. Though the 13th wage settlement was entered into on 04.01.2018, it is applicable to all those employees who were in service on 01.09.2016. Seeking the said benefits, the petitioner has sent a representation to the 2/5
respondents on 05.08.2024. Since there is no response, the present writ petition has been filed.
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 disburse the eligible benefits upon the writ petitioner arising out of 13th wage settlement 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.
6. With the above said observations, this Writ Petition stands disposed of. There shall be no order as to costs.
11.12.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi 3/5
To
1. The Managing Director, Tamilnadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam.
2. The General Manager, The Tamilnadu State Transport Corporation (Kumbakonam) Limited, Karaikudi Region, Karaikudi.
3. The Administrator, The Tamil Nadu Transport Corporation Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai -02.
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R.VIJAYAKUMAR,J.
ebsi W.P(MD)No.29896 of 2024 11.12.2024 5/5