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Madras High CourtWP/1716/2019disposed of

A.Mathiazagan v. The Managing Director

2019-01-23Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.01.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.1716 of 2019 A.Mathiazagan ... Petitioner Vs 1.The Managing Director, State Express Transport Corporation, Pallavan Salai, Chennai - 600 002.

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

... Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the first respondent to consider and pass order, on the petitioner's representation dated 26.12.2018 with request to revise the petitioner's pension by including daily paid service period from the date of appointment i.e., 01.10.1984 instead of 01.09.1986 and also calculate the petitioner's pension on the revised basic pay of Rs.15,520/-.

For Petitioner : Mr.D.Veerasekaran For R1 & R2 : Mr.P.Kannan Kumar

ORDER

By consent of both the parties, this writ petition is taken up for final disposal at the time of admission itself. 2.The prayer made in this writ petition is to direct the first respondent to consider the petitioner's representation dated 26.12.2018 and pass appropriate orders. 3.Mr.D.Veerasekaran, learned counsel for the petitioner https://hcservices.ecourts.gov.in/hcservices/

submitted that the petitioner submitted a representation dated 26.12.2018 to the first respondent, requesting to revise his pension by including his daily wage period from the date of appointment i.e., on 01.10.1984, instead of 01.09.1986. However, the said representation was not considered by the first respondent, till date. Hence, this writ petition. 4.Mr.P.Kannan Kumar, learned counsel taking notice for the respondents submitted that the first respondent would consider the representation of the petitioner and pass orders, on merits and in accordance with law.

5.Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court, without going into the merits of the case, directs the first respondent to consider the representation of the petitioner dated 26.12.2018 and pass appropriate orders, on merits and in accordance with law, after affording an opportunity of hearing to the petitioner, within a period of six weeks from the date of receipt of a copy of this order.

6.Accordingly, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar rk To 1.The Managing Director, State Express Transport Corporation, Pallavan Salai, Chennai - 600 002.

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

+2 cc's to Mr.P.Kannan Kumar, Advocate, Sr.No. 5805 +1 cc to Mr.D.Veerasekaran, Advocate, Sr.No. 4900 W.P.No.1716 of 2019 CSL/27.04.2019 https://hcservices.ecourts.gov.in/hcservices/