G.Karunamoorthy T R 0262 v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :12.07.2017

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P. No.17695 of 2017 G.Karunamoorthy

...Petitioner

.Vs.

1. The State of Tamil Nadu, Represented by the Additional Chief Secretary to Government, (Chairman, Transport Corporations) Transport Department, Fort St, George, Chennai - 600 009.

2. The Management of Tamil State Transport Corporation (Salem) Ltd., Represented by its Managing Director.

12, Ramakrishna Road, Salem 636 007.

3. Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Rep by its Administrator, Thiruvalluvar House, Anna Salai,Chennai 600 002. ...Respondents Prayer : Petition filed under Article 226 of the Constitution of India to issue of Writ of Mandamus,directing the respondents to consider the petitioners representation dated 23.02.2017 in regard to payment of interest for the belated payments of retirement benefits as gratuity within a stipulated time as fixed by the Court.

For Petitioner : Mr.K.Harikrishnan For Respondents : Mr.K.Dhanajeyan for R1 Special Govt. Pleader.

Mr.P.Paramasiva Doss for R2 & R3

O R D E R

The limited prayer sought for in this writ petition is to consider the representation made by the petitioner on 23.02.2017, with regard to the payment of interest for the belated payments of retirement benefits and gratuity. The retirement benefits due to the writ petitioner was already disbursed with but, it was paid belatedly.

2. The learned counsel appearing for the writ petitioner contended that the writ petitioner is entitled for the interest for all belated payments of retirement and terminal benefits. But, the representation submitted in this regard has not been considered by the respondents. Hence, the present writ petition has been filed.

3.This Court, without going into the merits and demerits of the case, inclined to direct the second respondent to consider the representation submitted by the writ petitioner on 23.02.2017 and pass orders on merits and in accordance with law within a period of 12 weeks from the date of receipt of a copy of this order.

4.With the above direction, the writ petition stands disposed of. However, no order as to costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar smn/kas

To.

1. The Additional Chief Secretary to Government, (Chairman, Transport Corporations) Transport Department, Fort St, George, Chennai - 600 009.

2. The Managing Director The Tamil Nadu State Transport Corporation (Salem) Ltd., 12, Ramakrishna Road, Salem 636 007.

3. The Administrator Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Anna Salai,Chennai 600 002.

+1cc to Mr.K.Harikrishnan, Advocate, S.R.No. 48375 +1cc to the Government Pleader, S.R.No. 49095 W.P. No. 17695 of 2017 KS (CO) PSI 31.07.2017