K.Mathivanan, Helper v. The Administrator

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.10.2018

CORAM

THE HON'BLE Mr. JUSTICE S.M.SUBRAMANIAM W.P.Nos.34382 & 34383 of 2014 and M.P.No.1 of 2014 K.Mathivanan

...Petitioner in both W.Ps

Vs 1.The Administrator, Employees Pension Fund Trust, Administrative Office, Thiruvalluvar House, Pallavan Salai Chennai - 600 002.

2.The Managing Director, 3.The General Manager, ... Respondents in both W.Ps Prayer in W.P.No.34382 of 2014: Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ or order or direction, particularly in the nature of Writ of Mandamus, directing the respondent to order for re-enquity as prayed for by the petitioner in his objection and explanation dated 2.5.2014 and 20.10.2014 submitted against the Enquiry Report and the 2nd show Cause notice respectively to prove and establish before the Enquiry Officer about his permanent inability, incapacity and immobility to resume his duty as evidenced by the medical treatment records and that his absence was purely on medical reasons.

Prayer in W.P.No.34383 of 2014: Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ or order or direction, particularly in the nature of Writ of Certiorarified Mandamus, calling for the records connected with the order of the 2nd respondent dated 25.6.2014 passes in

Proceedings No.E4/29656/ TNSTC (Salem) /2014 quash the same and also direct the respondents to reconsider the claim of the petitioner for VRS specifically on the strength of Rule 2(A) of the VRS scheme following the recent Division Bench judgment of the Honourable High Court or alternatively to grant the permanent invalid benefits as per clause 19(a) of the TNSTC Employees pension Fund Trust.

For Petitioner :M/s.S.Girija(No Appearance) (in both W.Ps) For Respondents:Mr.Rajeni Ramadoss(in both W.Ps) C O M M O N O R D E R The Matters were listed for hearing on 25.10.2018, there was no representation on behalf of the writ petitioner. Once again, the cases are listed for hearing today (i.e. 26.10.2018) under the caption "for dismissal". But, today also none represented on behalf of the writ petitioner. 2.Thus, both the writ petitions stand dismissed for Nonprosecution. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar kak To 1.The Administrator, Employees Pension Fund Trust, Administrative Office, Thiruvalluvar House, Pallavan Salai Chennai - 600 002.

2.The Managing Director,

3.The General Manager, W.P.Nos.34382 & 34383 of 2014 KJI(CO) GN(13/11/2018)