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Madras High CourtWP/47705/2006dismissed as infructuous

S.P. Mariyappan v. The Managing Director

2020-10-29Honourable Mr Justice P. Velmurugan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.10.2020

CORAM

THE HONOURABLE MR. JUSTICE P.VELMURUGAN W.P. Nos.47705 of 2006 & 22568 of 2008 S.P.Mariyappan ... Petitioner in W.P.No.47705 of 2006 N.Jayaraman ... Petitioner in W.P.No.22568 of 2008

Versus

1.The Managing Director, Tamilnadu State Transport, Corporation Limited, Salem.

2.The Administrator, Tamil Nadu State Transport, Corporation Employees Pension, Fund Trust, Pallavam Salai, Chennai.

... Respondents in W.P.Nos.47705 of 2006 & 22568 of 2008 PRAYER in W.P.No.47705 of 2006: The Writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records proceedings of the second respondent in Lr.No.44/Pension -2/TNSTC/2003-1342 dated 27.1.2003 and quash the same and further direct the respondents to pay the petitioner pension every month.

PRAYER in W.P.No.22568 of 2008: The Writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records of the impugned order letter No.LC No.10977/Pen.1/OU/TNSTC/2008 dated nil.04.2008 signed on 03.05.2008, passed by the 1st respondent and quash the same and direct the respondents to pay pension arrears from the date of retirement dated 30.09.2000 to petitioner.

For Petitioner in W.P.No.47705 of 2006 : Mr.M.Ravi

For Petitioner in W.P.No.22568 of 2008 : No Appearance For R1 in both WPs.

: Mr.D.Raghu Standing counsel For R2 in both WP.s : No appearance C O M M O N O R D E R The Writ Petition in W.P.No.47705 of 2006 has been filed challenging the order passed by the second respondent in Lr.No.44/Pension -2/TNSTC/2003-1342 dated 27.1.2003 and quash the same and also direct the respondents to pay the petitioner pension every month.

2. The petition in W.P.No.22568 of 2008 has been filed challenging the order passed by the first respondent in No.LC No.10977/Pen.1/OU/TNSTC/2008 dated nil.04.2008 and direct the respondents to pay pension arrears from the date of retirement dated 30.09.2000 to petitioner.

3. The learned Standing Counsel appearing for the first respondent would submit that already the pension is added and now the petitioners are receiving the pension. In support of this, he has filed the proceedings of the Pension Order. Therefore, the relief sought for by the petitioners in the Writ Petitions has been granted by the Government and hence, prays that the Writ Petitions may be dismissed as infructuous. 4.Considering the submission made by the learned standing counsel, nothing survives for further adjudication in these Writ Petitions. Accordingly, these Writ Petitions are dismissed as infructuous. No costs.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar To 1.The Managing Director, Tamil nadu State Transport, Corporation Limited, Salem.

2.The Administrator, Tamil Nadu State Transport, Corporation Employees Pension, Fund Trust, Pallavam Salai, Chennai.

+2 Ccs to Mr.D.Raghu, Advocate sr 35073 & 35074. W.P. Nos.47705 of 2006 & 22568 of 2008 PA(CO) SP(11/12/2020)