K.Sundararajan v. Tamil Nadu State Transport Corporation (Villupuram) Ltd.,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.06.2022
CORAM:
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR K.Sundararajan ... Petitioner vs.
1.Tamil Nadu State Transport Corporation (Villupuram) Ltd Rep. by the Managing Director 3/137, Salamedu Valudhareddy Post Villupuram - 605 602.
2.Tamil Nadu State Transport Corporation (Villupuram) Ltd Rep. by the General Manager Kancheepuram Regional Office Karapettai Chennai - Bengaluru Highway Kancheepuram - 631 552.
3.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Trust Pallavan Salai Thiruvalluvar House Chennai - 600 002.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to reckon the calculation based on the revised pay structure effected to the 1/6
petitioner from 01.09.2016 and as recorded in the service register for the settlement of his retiral benefits including Service Gratuity, Leave Salary and commutation of pension and to make difference of amount payable to the petitioner with 12% interest from the date of retirement within the time limit that may be prescribed by this Court.
For Petitioner : Mr.N.Ishak For R1 and R2 : Mr.C.Gauthamaraj Standing Counsel For R3 : Mr.C.S.K.Sathish Standing Counsel
O R D E R
This Writ Petition has been filed seeking to issue a Writ of Mandamus, directing the respondents to reckon the calculation based on the revised pay structure effected to the petitioner from 01.09.2016 and as recorded in the service register for the settlement of his retiral benefits including Service Gratuity, Leave Salary and commutation of pension and to make difference of amount payable to the petitioner with 12% interest from the date of retirement within the time limit that may be prescribed by this Court.
2. According to the petitioner, the petitioner has made a representation 2/6
dated 09.02.2021 to the 1st and 2nd respondents requesting to settle the difference of amount of retiral benefits and other retirement benefits. The said representation is still pending, no order has been passed. Therefore, the petitioner has filed the instant writ petition before this Court.
3. The learned counsel appearing for the petitioner submitted that as per the details obtained from the Right to Information Act, 2005, the respondents/Transport Corporation has admitted that the petitioner is entitled for the eligible amount. Therefore, this aspect also taken note of by the respondents/Transport Corporation at the time of final disposal of the said representation.
4. The learned Standing Counsel appearing for the 1st and 2nd respondents submitted that the said representation would be considered and pass appropriate order in accordance with law.
5. In view of the above said submissions of the parties, considering the limited scope of prayer and without expressing any opinion on merits, this Court is inclined to direct the 2nd respondent to consider the petitioner's 3/6
representation dated 09.02.2021 and pass appropriate orders on merits and in accordance with law, as early as possible, within a period of twelve weeks from the date of receipt of a copy of this order.
6. With the above direction, the writ petition stands disposed of. No costs.
22.06.2022 (1/3) Index : Yes / No Speaking Order : Yes / No dm 4/6
To 1.The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Ltd 3/137, Salamedu Valudhareddy Post Villupuram - 605 602.
2.The General Manager Tamil Nadu State Transport Corporation (Villupuram) Ltd Kancheepuram Regional Office Karapettai Chennai - Bengaluru Highway Kancheepuram - 631 552.
3.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Trust Pallavan Salai Thiruvalluvar House Chennai - 600 002.
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D.KRISHNAKUMAR. J dm 22.06.2022 (1/3) 6/6