Madras High Court
S.Jacintha vs The Tamil Nadu State Transport ... on 25 October, 2024
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
Writ Petition No.31701 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.10.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Writ Petition No.31701 of 2024
S.Jacintha
W/o.Solomon ... Petitioner
Vs.
1.The Tamil Nadu State Transport Corporation
(Villupuram) Ltd.,
represented by its Managing Director,
3/137, Salamedu, Vazhuthareddy Post,
Villupuram - 605 602.
2.The General Manager,
The Tamil Nadu State Transport Corporation
(Villupuram) Ltd., Kancheepuram Region,
Chennai - Bangalore Highway,
Ponnerikarai, Kancheepuram - 631 552.
3.Tamil Nadu State Transport Corporations
Employees' Pension Fund Trust,
represented by its Administrator,
Thiruvalluvar Illam, Pallavan Salai,
Chennai - 600 002. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India
seeking issuance of a Writ of Mandamus directing the respondents to
sanction and pay the petitioner monthly family pension from the day next
to the date of death of her son S.Stalin, that is from 23.10.2020, as
revised from time to time, along with arrears and interest at the rate of
12% per annum, within a specified time as may be fixed by this Court,
based on her representations dated 04.12.2021 and 06.05.2023.
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Writ Petition No.31701 of 2024
For Petitioner : Mr.V.Ajoy Khose
For Respondents : Mr.R.Venkatesa Perumal
Standing Counsel [R1 & R2]
Mr.C.S.K.Sathish [R3]
*****
ORDER
This writ petition has been seeking issuance of a writ of
mandamus directing respondents to consider the representation made by
the petitioner wherein the petitioner has sought for sanction and pay of
monthly family pension from 23.10.2020 along with interest.
2. Heard Mr.V.Ajoy Khose, learned counsel for petitioner,
Mr.R.Venkatesa Perumal, learned Standing Counsel appearing for
respondents 1 and 2 and Mr.C.S.K.Sathish, learned counsel appearing for
third respondent.
3. The case of the petitioner is that her husband was working as
a driver in the transport corporation and he died while he was in service
on 25.02.1994. In view of the same, the petitioner is receiving the
minimum family pension revised from time to time. The son of the
petitioner was working as an Assistant in the transport corporation and
https://www.mhc.tn.gov.in/judis
Writ Petition No.31701 of 2024
he was due to retire only on 31.10.2034. Unfortunately, he died on
22.10.2020. The petitioner was paid the death expenses and other family
benefit funds.
4. The grievance of the petitioner is that she did not receive the
terminal benefits and family pension after the death of her son. The
representation made by the petitioner in this regard also did not evoke
any response. It is under these circumstances, the present writ petition
has been filed before this Court.
5. Taking into consideration the facts and circumstances of the
case and also the materials placed before this Court and the Tamil Nadu
State Transport Corporation Employees Pension Fund Rules, there shall
be a direction to the third respondent to deal with the representation made
by the petitioner on 06.05.2023 on its own merits and in accordance with
law after considering the judgment passed by the Division Bench of this
Court in Government of Tamil Nadu and others v. Tamil Nadu
Government Transport Retired Employees Welfare Association [2008
(2) L.L.N. 216] and a decision shall be taken within a period of six (6)
weeks from the date of receipt of a copy of this order.
https://www.mhc.tn.gov.in/judis
Writ Petition No.31701 of 2024
N.ANAND VENKATESH, J
gm
6. The petitioner is directed to make a fresh representation to
the third respondent along with all relevant documents and also a copy of
this order.
This writ petition is disposed of with the above direction. No
costs.
25.10.2024
Neutral Citation: Yes/No
Index: Yes/no
Speaking Order/Non-Speaking Order
gm
To
1.The Director of School Education,
DPI Campus, College Road,
Chennai - 600 006.
2.The Joint Director of School Education
(Higher Secondary),
Office of Director of School Education,
DPI Campus, College Road,
Chennai - 600 006.
3.The Chief Educational Officer,
Tiruppur District, Tiruppur.
Writ Petition No.31701 of 2024
https://www.mhc.tn.gov.in/judis
