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Madras High CourtWP/33356/2015disposed of

T.G.Devaraj, Driver (Retd) v. Tamil Nadu State Transport

2015-10-16Honourable Mr Justice M. Sathyanarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 16.10.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.33356/2015 T.G.Devaraj ..

Petitioner

Versus

The Managing Director Tamil Nadu State Transport Corporation Coimbatore Limited, Mettupalayam Road, Coimbatore.

..

Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for a writ of mandamus directing the respondent to dispose of the petitioner's representation dated 10.08.2015 in accordance with law. For Petitioner : Mr.Venkataswamy Babu For Respondent : Mr.P.Kannan Kumar

ORDER

By consent, the writ petition is taken up for final disposal. The petitioner while working as Driver in the services of the respondent-Corporation, was visited with disciplinary proceedings which ended in the order of punishment of dismissal from service with effect from 31.12.1994 and the petitioner raised an industrial dispute in ID.No.543/2000 before the Labour Court, Salem and the Labour Court, vide Award dated 21.04.2003, has ordered reinstatement of the petitioner without back wages.

The petitioner, in this regard has submitted a representation to the respondent and in response to the same, the petitioner was reinstated in service as a fresh entrant and was treated as a new employee. While he was in service, was repeatedly submitting representations and retired from service on 31.03.2012. The grievance expressed by the petitioner is that though he has retired from service on 31.03.2012, he has not been disbursed with the retirement and other terminal benefits. Though the petitioner has made a representation to the respondent seeking for the grant of retirement and other terminal benefits, the same has been rejected by the respondent on 23.03.2013 stating that the petitioner was reinstated into service as a new entrant. Challenging the same, the petitioner filed WP.No.

27188/2014 and the said writ petition is still pending. The petitioner in this regard, has submitted a representation dated 10.08.2015 to the respondent and since no orders have been passed, the petitioner came forward to file this writ petition. This Court heard the submissions of the learned counsel for the petitioner and Mr.P.Kannan Kumar, learned counsel who accepts notice on behalf of the respondent.

This Court, taking into consideration the limited scope of prayer sought for by the petitioner and without going into the merits of the same, directs the respondent to consider and dispose of the petitioner's representation dated 10.08.2015 on merits and in accordance with law and

pass orders within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner. The writ petition is disposed of accordingly. No costs. 16.10.2015 AP To The Managing Director Tamil Nadu State Transport Corporation Coimbatore Limited, Mettupalayam Road, Coimbatore.

M.SATHYANARAYANAN, J., AP W.P.No.33356/2015 16.10.2015