Madras High CourtWP/24975/2011disposed of

C.Arumugam v. The Tamilnadu State

2023-08-17Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.08.2023

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN C.Arumugam ....

Petitioner Vs The Tamil Nadu State Transport Corporation, (Kovai Division II) Limited, Erode - 1, Rep. by its Managing Director.

....

Respondent Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for Writ of Mandamus directing the respondent to grant to the petitioner all the pensionary benefits due to him along with 100% interest on the delayed payments within a limited time frame. For Petitioner : Mr.M.Ravi For Respondent : Mr. R.Babu Standing Counsel

ORDER

This Writ Petition has been filed for direction directing the respondent to grant all the pensionary benefits to the petitioner with interest on the delayed payments.

2. Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondent and perused the materials available on record.

3. The petitioner was initially appointed as a Conductor on 26.10.1979. Thereafter, he voluntarily retired from service on 31.07.2002. He was paid all retirement benefits and also pension from 31.07.2002 till November 2003. However, the respondent suddenly stopped his pension from December 2003 without any order. The petitioner was orally informed that those who joined in the service subsequent to 01.08.1980 are not eligible for pension. The petitioner was appointed as early as on 26.10.1979 itself. Thereafter, he was paid pension till November 2003.

4. Considering the above facts and circumstances of the case, the respondent is directed to consider the representation of the petitioner dated 10.04.2011 and pass orders on merits and in accordance with law, after giving an opportunity of hearing to the petitioner. If the representation of the petitioner dated 10.04.2011 is not available with the respondent, the petitioner is directed to submit a fresh representation to

the respondent within a period of two weeks from the date of receipt of a copy of this order. Thereafter, the respondent is directed to dispose of the same within a period of twelve weeks from the date of receipt of the application.

5. With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs. 17.08.2023 Internet : Yes Index : Yes/No Speaking order/Non-speaking order Lpp To The Managing Director, Tamil Nadu State Transport Corporation, (Kovai Division II) Limited, Erode - 1.

G.K.ILANTHIRAIYAN, J.

Lpp 17.08.2023