Madras High CourtWP/30221/2011disposed of

K.Pushpanathan, v. The Secretary To Government,

2017-12-20Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.12.2017

CORAM

THE HON'BLE Mr. JUSTICE S.M.SUBRAMANIAM W.P.No.30221 of 2011 K.Pushpanathan ... Petitioner Vs 1.The Secretary to Government Transport Department, Fort St.George, Chennai -9 2.The Managing Director, Tamil Nadu Government Transport Corporation Ltd., Villupuram Division, Villupuram - 605 602.

3.The Administrator, Tamil Nadu State Transport Corporation Employees Fund Trust, Thiruvaluvar 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 2nd respondent to sanction pension for the period from 01.12.1991 to 31.08.1999 as per Rule 14(b) of Tamil Nadu State Transport Corporation Employees Pension Fund by passing orders on petitioner's representation dated 02.09.2011 within specify date.

For Petitioner : Mr.G.Justin For R1 : Mrs.K.Bhuvaneswari, Learned Government Advocate For RR 2 & 3 : Mr.P.Paramasivadoss.

O R D E R

The relief sought for in this writ petition is for a direction to direct the 2nd respondent to sanction pension for

the period from 01.12.1991 to 31.08.1999 as per Rule 14(b) of Tamil Nadu State Transport Corporation Employees Pension Fund by passing orders on petitioner representation dated 02.09.2011.

2.The learned counsel appearing for the writ petitioner states that the petitioner was appointed as Driver in the erstwhile State Transport Department on 04.03.1963. Subsequently, the Transport Department was re-organized, by way of bifurcation into various Corporations and the second respondent is one amongst the Corporations having its Headquarters at Villupuram.

3. The writ petitioner sent a representation claiming pension as per Rule 14(b) of the Tamil Nadu State Transport Corporation Employees Pension Fund. In this regard, he made a representation to the second respondent dated 02.09.2011 and the same is yet to be considered by the third respondent.

4. Without going into the merits of the matter, the third respondent is directed to consider the representation submitted by the writ petitioner on 02.09.2011 and pass orders on merits in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

5. The writ petitioner is directed to submit a fresh representation with a copy of the earlier representation dated 02.09.2011 to the third respondent along with the order passed in this writ petition. Thus, the Writ Petition stands disposed of. However, there shall be no order as to costs. msrm/sts sd/ ASSISTANT REGISTRAR /TRUE COPY/ SUB-ASSISTANT REGISTRAR To:

1.The Secretary to Government Transport Department, Fort St.George, Chennai -9 2.The Managing Director, Tamil Nadu Government Transport Corporation Ltd., Villupuram Division, Villupuram - 605 602.

3.The Administrator, Tamil Nadu State Transport Corporation Employees Fund Trust, Thiruvaluvar House, Pallavan Salai,Chennai - 600 002.

+1CC to Mr.G.Justin Advocate SR.NO.90973 +1CC to Govt Pleader SR.NO.91472 Order in W.P.No.30221 of 2011 NR[CO] MK:03/02/2018