Tamilnadu State And Transport v. The Secretary To Government,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.03.2022

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ W.P. No.18378 of 2010 and M.P.No.1 of 2010 Tamil Nadu State and Transport Corporation Retired Employees Association ( Regn.No.47/1987) No.6, Baker's Street, Room No.12 II Floor, Chennai-600 001 Represented by its President Thiru R.Govindaraj ... Petitioner Vs.

The Secretary to Government Transport Department, Secretariat, Chennai - 600 009.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the G.O.Ms.No.110 Transport Department dated 06.06.2002 and G.O.Ms.No.189, Transport (R.W.1) Department dated 13.08.2004 and to quash the condition in Para 7(a) of the G.O.Ms.No.110 dated 06.06.2002 read with G.O.Ms.No.189 dated 13.08.2004 as arbitrary and illegal and consequently directing the respondent to take immediate steps to sanction the family pension to the spouses/legal heirs of the seventeen members of the petitioner association enlisted in the Annexure accompanying the affidavit and writ petition.

ANNUEXTUE:

Statement showing 17 Members of the Petitioner Association who are Getting Government Pension their pension Payment order Numbers Sl.No.

Name P.P.O.No.

1.

N. Balakrishnan A 551886 2.

K. Dayalan A 560817 3.

S. Manogar A 551205 4.

K. Govindarajan A 551913 5.

R. Kothandan A 551748 6.

A. Chakaravarthi A 561395

7.

Syedmeerjan C 76879/TPT 8.

M. Ramachandran A 561234 9.

V. Dopaikannu A 560824 10.

Y. Jayaraj A 561034 11.

G. Kothandasamy A 561636 12.

E. Kandasamy C 38140/TPT 13.

P. Thangiah C 76948/TPT 14.

R. Velayutham A 561479 15.

S. Krishnamorthy A 551585 16.

C. Chinnaraj A 560767 17.

V.Govindan C 304974/TPT For Petitioner : Mr. C. Manohar For Respondent : Mr.P. Aravind Kumar (Government Advocate)

ORDER

This writ petition is filed challenging Para no.7(a) of G.O.Ms.No.110 Transport Department dated 06.06.2002, read with G.O.Ms.No.189 Transport ( R.W.1) Department dated 13.08.2004.

2. It is submitted by both the learned counsel for the petitioner as well as respondents that the issue stands resolved by the order of the Division Bench of this Court in Writ appeal No.1246 of 2009 dated 18.08.2010, in view of the same this writ petition stands disposed in terms of the order of this Court in W.A.No.1246 of 2009 dated 18.08.2010.

3. It is also submitted that subsequent to the orders of this Court G.O.Ms.No. 387 dated 10.12.2019 has also been issued.

4. The Respondents may consider the applicability of the G.O.Ms.no. 387 dated 10.12.2019 and decide any claim that may be lodged in terms thereof.

5. It is open to the petitioner to file any representation within a period of three weeks from the date of the receipt of a copy of this order and the respondents shall consider the same and pass orders within twelve weeks thereof in accordance with law. No costs. Consequently connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar smn

To The Secretary to Government Transport Department, Secretariat, Chennai - 600 009.

+1cc to Government Pleader, in SR.No.22239 [08/04/2022] W.P. No.18378 of 2010 and M.P.No.1 of 2010 SPD(CO) CT 01/04/2022