The Madurai Bench of the Madras High Court, on consent, directed respondents to pay differential retirement benefits including gratuity and pension arrears to the petitioner's estate with 6% interest, applicable a retrospective settlement effective from 2019.
Payment of differential retirement benefits with 6% interest per annum within six months.
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W.P.(MD).No.2422 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.02.2024
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD).No.2422 of 2024
R.Rachel Jeeva Light
... Petitioner
Vs
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 retirement benefits including gratuity, commutation of pension, arrears of monthly pension from 30.04.2020 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 her with 18 percent rate of interest within the time that may be stipulated by this Court.
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W.P.(MD).No.2422 of 2024
For Petitioner : Mr.G.M.Xavier For Respondents : Mr.D.Jebaraj (R1) Mr.S.C.Herold Singh (R2) Standing Counsels
ORDER
The present writ petition has been filed seeking direction to the respondents to settle the petitioner’s husband retirement benefits including gratuity, commutation of pension, arrears of monthly pension from 30.04.2020 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 her with 18 percent rate of interest within the time that may be stipulated by this Court.
disposal at the stage of admission itself.
respondent corporation after attaining the age of superannuation on 30.04.2020. He died on 08.06.2021.
and the Management on 24.08.2022. But it was made applicable with effect
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W.P.(MD).No.2422 of 2024
from 01.09.2019. Therefore, the petitioner’s husband was also entitled to the benefit under the said settlement, dated 24.08.2022. However, his terminal benefits were settled without reference to the terms of the settlement. Therefore, the petitioner is entitled to not only the difference in benefits but also interest thereon in respect of her husband’s retirement benefits.
06.02.2024
NCC : Yes / No Index : Yes / No Internet : Yes PNM
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W.P.(MD).No.2422 of 2024
L.VICTORIA GOWRI, J.
PNM
ORDER IN W.P.(MD).No.2422 of 2024
06.02.2024
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1 issue framed by the court
Whether to direct respondents to pay differential retirement benefits arising from a settlement applied retrospectively.
2 provisions across 2 enactments
R. Rachel Jeeva Light
The General Manager, Tamil Nadu State Transport Corporation
The Administrator, The Tamil Nadu State Transport Corporation Employees Pension Fund Trust
L. Victoria Gowri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
