R.Muniyan v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.01.2024

CORAM

THE HONOURABLE Ms.JUSTICE R.N.MANJULA W.P. No.11393 of 2021 R.Muniyan ...

Petitioner /vs/ The Managing Director, Tamil Nadu State Transport Corporation, Coimbatore Division-II, Coimbatore.

... Respondent Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of mandamus to direct the respondent to pass orders on the representation made by the petitioner dated 13.07.2019 for the settlement of his retirement benefits along with interest @ 12% p.a. with a reasonable time as deem fit by this Court.

For Petitioner ... Mr.K.Venkataramani Senior Counsel for Mr.M.Muthappan For Respondents ... No appearance

ORDER

The petitioner has filed this writ petition seeking a writ of mandamus to direct the respondent to pass orders on the representation of the petitioner dated 13.07.2019 for the settlement of his retirement benefits.

2. No representation for the respondents.

3. The petitioner who got reinstated in service on 25.02.2015 pursuant to the order passed by this Court in W.P.No.9868 of 2004 got retired from service on superannuation on 31.03.2019. The grievance of the petitioner is that so far he was not paid with any retirement benefits. The petitioner has also given a representation on 13.07.2019. Since the same was not considered, the present writ petition has been filed.

4. As per the order of reinstatement dated 25.02.2015, it is seen that the petitioner got reinstated subsequent to the order of the Court and he continued in service till his retirement on superannuation as on 31.03.2019. In fact the respondent Corporation has sent a communication dated 06.08.2019, to the petitioner to be present in the Provident Fund division for submitting the papers with regard to pension.

5. Mr.K.Venkataramani, the learned Senior Counsel for the petitioner submitted that as per the above instruction, the petitioner went to the office of the respondents and submitted the required papers. However, the respondent failed to consider the same and settle the retirement benefits to the petitioner.

6. Since the respondents did not settle the petitioner's claim with regard to his pension and retirement benefits for which he is entitled, it is necessary to issue a direction as sought by the petitioner.

7. Accordingly, the respondent is directed to consider and pass orders on the representation of the petitioner dated 13.07.2019, within a period of six weeks from the date of receipt of a copy of this order.

8. With the above direction, this Writ Petition is allowed. No costs. 18.01.2024

Index: Yes / No Speaking order / Non-speaking order bkn

To:

The Managing Director, Tamil Nadu State Transport Corporation, Coimbatore Division-II, Coimbatore.

R.N.MANJULA ,J.

bkn 18.01.2024