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Madras High CourtWP/8558/2025disposed of

V.Ashokan v. The Addl.Chief Secretary

2025-04-09Honourable Mr Justice C.V. Karthikeyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.04.2025

CORAM

THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN W.P.No.8558 of 2025 V.Asokan .. Petitioner Vs.

1.The Additional Chief Secretary to Government Transport Department, Secretariat, Fort St. George, Chennai - 600 009.

2.The Managing Director, State Express Transport Corporation Tamil Nadu Ltd., Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.

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

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to pass appropriate orders for accounting the regular service rendered by the petitioner from 05.10.1981 to 10.05.1988 with continued Provident Fund Contribution service in the post of Assistant Labour Welfare Officer for

regular pension and other terminal benefits together with 6% interest in the light of order passed in similar cases in W.P.No. 24944 of 2018 dated 01.08.2019 and as per the Govt. Letters (i)Lr. No. 731/D/2006-4 dated 04.05.2006 (2) Lr. No. 16396/C1/2015 dated 22.04.2016 (3) Lr. No. 2824/C1/2018 dated 27.05.2016 (4) Lr, No. 1454/D1/2018-2 dated 18.05.2018 by considering the representation by the petitioner dated 04.09.2024 within a time frame to be fixed by this Court. For Petitioner .. Mr.V.S.Jagadeesan For R1 .. Mr.V.Nanmaran, AGP For R2 .. Mr.S.Hasan Faizal, Standing Counsel

ORDER

This Writ Petition has been filed in the nature of a Mandamus seeking examination of the representation given by the petitioner on 04.09.2024 by which the petitioner had sought for accounting the regular service rendered by the petitioner between 05.10.1981 and 10.05.1988 with continued Provident Fund Contribution in the post of Assistant Labour Welfare Officer for regular pension and other terminal benefits.

2.In the affidavit filed in support of the writ petition, it had been stated that the petitioner was a former employee of the Tamil Nadu State Express Transport Corporation and had been initially appointed as Junior Assistant on 06.10.1981. He then applied for the post of Assistant Labour Welfare Officer and thereafter, he was appointed to the post of Assistant Labour Welfare Officer on 10.05.1988. He had relinquished his earlier position as Junior Assistant under the Tamil Nadu State Express Transport Corporation. Thereafter, he had retired on attaining the age of superannuation as Assistant Manager on 31.03.2016. The petitioner claims that the earlier service rendered by him as Junior Assistant and Assistant for 6 years and 7 months and 5 days should be taken into consideration for calculation of his pension.

In this connection he had given a representation dated 04.09.2024. 3.The learned counsel for the petitioner places reliance on an earlier order of this Court in W.P.No.24944 of 2018 dated 01.08.2019 and also on Government Letter in Lr. No.731/D/2006-4 dated 04.05.2006 and yet another letter of the Government in Lr.No.16396/C1/2015 dated 22.04.2016 and a further letter of the Government in Lr.No.2824/C1/2016 dated 27.05.2016 and a letter of the Government in Lr. No.

18.05.2018.

4.A direction is given to the 1st respondent to examine the aforementioned letters and the order of the learned Single Judge in W.P.No.24944 of 2018 dated 01.08.2019 and also the service records of the petitioner and pass appropriate orders. Necessary orders to be passed within a period of four months from the date of receipt of a copy of this order. Accordingly, this Writ Petition stands disposed of. No costs. 09.04.2025 Index:Yes/No Internet:Yes/No smv To

1.The Additional Chief Secretary to Government Transport Department, Secretariat, Fort St. George, Chennai - 600 009.

2.The Managing Director, State Express Transport Corporation Tamil Nadu Ltd., Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.

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

C.V.KARTHIKEYAN,J.

smv W.P.No.8558 of 2025 09.04.2025