R.Muthiah, Conductor v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.08.2023

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN R.Muthiah ... Petitioner -VsThe Managing Director, Tamil Nadu State Transport Corporation, (Head Quarters), No.37, Mettuplayam Road, Coimbatore District.

... Respondent Prayer:- Writ Petition filed under Article 226 of Constitution of India praying for the issuance of Writ of Mandamus, directing the respondent to pay the arrears of monthly pension for the period from 01.01.2009 to 31.06.2009 (7 Months), and from 01.12.2011 to 31.10.2013 (23 months), totally 7+23=30 months and to pay every monthly pension from 31.10.2013 onwards to the petitioner within a time frame. For Petitioner : Mr.B.Manimaran For Respondent : Mr.A.Sundaravadanam

ORDER

This Writ Petition has been filed for direction directing the respondent to pay the arrears of monthly pension from 01.01.2009 to 31.06.2009 and 01.12.2011 to 31.10.2013 and to pay every monthly pension from 31.10.2013.

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

3. The petitioner had retired from service on 05.12.2008 from the respondent Corporation. He has been receiving pension. While being so, by an order dated 09.01.2012, the petitioner was directed to pay the loan amount which was availed by the petitioner, while he was working in MTC, Chennai, failing which, the said loan amount will be deducted from his pension.

4. Without even challenging the said order, now the petitioner filed this writ petition for direction directing the respondent to pay the pension. By this time, the entire loan amount would have been deducted

from his pension and as such, the direction sought for in this writ petition cannot be considered and this writ petition is devoid of merits and is liable to be dismissed.

5. Accordingly, this writ petition stands dismissed. No costs. 24.08.2023 Internet : Yes Index : Yes/No Speaking order/Non-speaking order mn

G.K.ILANTHIRAIYAN, J.

mn To The Managing Director, Tamil Nadu State Transport Corporation, (Head Quarters), No.37, Mettuplayam Road, Coimbatore District.

24.08.2023