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D.S.Dhanya v. The General Manager

Madras HC5 Jan 2026WP(MD)/77/2026

Case brief

AI extract

What is this about?

Death in service; retirement benefits; gratuity; commutation of pension; arrears of monthly pension from 21.05.2021; difference of pay; settlement dated 24.08.2022; Section 12(3) Industrial Disputes Act 1947; Tamil Nadu State Transport Corporation (Tirunelveli) Ltd, Nagercoil Region; Tamil Nadu State Transport Corporation Pension Trust; Conductor; writ of mandamus; Article 226; eight weeks; no costs; Madurai Bench; W.P(MD)No.77 of 2026.

What did the court decide?

Direction to the respondents to settle the difference of pay due to the petitioner's husband as per the settlement dated 24.08.2022 under Section 12(3) of the Industrial Disputes Act, within eight weeks from the date of receipt of a copy of the order; no costs. ¶25

D.S.Dhanya Vs The General Manager — Writ and Judicial Review | Madras HC (2026)

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W.P(MD)No.77 of 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 05.01.2026

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CORAM:

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THE HONOURABLE MR.JUSTICE B.PUGALENDHI

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W.P(MD)No.77 of 2026

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D.S.Dhanya ... Petitioner

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1.The General Manager, The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd, Nagercoil Region, Kanniyakumari District.

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2.The Administrator, The Tamil Nadu State Transport Corporation Pension Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai 600 002.

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...Respondents

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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's retirement benefits including gratuity, commutation of pension and arrears of monthly pension from 21.05.2021 i.e date of petitioner's

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.77 of 2026

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husband's death till the date of realization of amount as per the settlement dated 24.08.2022 under section 12(3) of I.D. Act 1947 w.e.f 01.09.2019 payable to the petitioner with 18 rate of interest within the time that may be stipulated by this Court.

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For Petitioner : Mr.G.M.Xavier For R1 : Mr.D.Jebaraj Standing Counsel For R2 : Mr.S.C.Herold Singh Standing Counsel

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O R D E R

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The petitioner’s husband, namely, V.Saji Kumar was

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appointed as a Conductor in the first respondent Transport Corporation on 25.07.2007 and he was promoted as Selection Grade Conductor. While he was in service, he died on 21.05.2021 due to his ill-health. The retirement benefits due to the petitioner's husband were settled to this petitioner, however, the same was not paid as per the settlement, dated 24.08.2022, arrived under Section 12(3) of the Industrial Disputes Act.

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.77 of 2026

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2.Mr.D.Jebaraj, learned Standing Counsel takes notice for the first respondent and Mr.S.C.Herold Singh, learned Standing Counsel takes notice for the second respondent and sought time to settle the diffierence of pay, as per the settlement arrived under Section 12(3) of the Industrial Disputes Act, dated 24.08.2022.

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3. In view of the same, this writ petition is disposed of with a direction to the respondents to settle the difference of pay, as per the settlement arrived under Section 12(3) of the Industrial Disputes Act, dated 24.08.2022, due to the petitioner's husband, within a period of eight weeks from the date of receipt of a copy of this order. No costs.

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05.01.2026

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NCC: Yes/No Index:Yes/No Internet:Yes vrn

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.77 of 2026

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