The Managing Director v. Anbu Selvam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.08.2024 CORAM :

THE HON'BLE MR. D.KRISHNAKUMAR, ACTING CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE P.B.BALAJI W.A.No.2630 of 2024 and CMP No.18890 of 2024

1. The Managing Director, Tamil Nadu State Transport Corporation, Villupuram & District.

... Appellant Vs.

1. Anbu Selvam

2. The Administrator, Tamil Nadu State Transport Corporation, Employees' Pension Fund Trust, Pallavan Salai, Chennai 600 002.

... Respondents PRAYER : Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 11.08.2023 in W.P.No.23694 of 2023. For Appellant : Mr.J.Ravindran, Addl.Advocate General for Mr.M.Aswin For respondents : Mr.V.Gunasekar for first respondent

JUDGMENT

(Order of the Court was made by the Hon'ble Acting Chief Justice) The Government has filed the present writ appeal, assailing the order passed by the learned Single Judge in W.P.No.23694 of 2023, dated 11.08.2023 in and by which, the appellants were directed to release all the terminal and pensionary benefits, payable to the first respondent along with interest at the rate of 4% p.a.

2. Heard the learned Additional Advocate General appearing for the appellant and the learned counsel appearing for the first respondent and we have perused the materials on record.

3. On perusal of the affidavit shows that the appellant has not raised any satisfactory ground in the writ appeal. Further, perusal of records reveals that, after passing order in the writ petition, the appellant authority has filed WMP No.34901/2023 in W.P.No.23694 of 2023 before the learned Single Judge seeking extension of time for compliance of the order. Particularly, when the petition was listed on 21.03.2024, the Additional Advocate General, who appeared in the instant writ appeal himself has given

undertaking before the learned Single Judge that the amount will be settled to the first respondent before 30.04.2024. Thereafter, vide order dated 30.04.2024, time was extended till 28.06.2024 to comply the order of the writ court. Having agreed before the learned Single on 21.03.2024 that the amount will be settled before 30.04.2024, the appellant authorities have filed the present appeal on 25.04.2024, assailing the final order passed by the learned Single Judge in the writ petition. As such, considering all the above, we are not inclined to entertain this appeal and the same is liable to be dismissed.

4. At this juncture, the learned Additional Advocate General Seeks three months time to settle the amount to the first respondent.

5. Accordingly, this writ appeal is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. Three months time is granted to settle the amount to the first respondent. (D.K.K., A.CJ.) (P.B.B.J.) 29.08.2024 Internet: Yes/No Index : Yes/No mst

THE HON'BLE ACTING CHIEF JUSTICE and P.B.BALAJI , J.

mst 29.08.2024