Madras High CourtWP/24034/2012disposed of

D.Padmanaban, v. The General Manager

2016-08-08Honourable Mr Justice B. Rajendran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.08.2016

CORAM:

THE HONOURABLE MR.JUSTICE B.RAJENDRAN WP.No.24034 of 2012 MP.No.1 of 2012 D.Padmanaban Petitioner Vs 1.The General Manager, Tamil Nadu State Transport Corporation Limited, Coimbatore 2.The Branch Manager, Tamil Nadu State Transport Corporation, Marutha Malai Branch, Coimbatore Respondents Prayer:- This Writ Petition is filed to issue a Writ of Certiorarified Mandamus to call for the records of the 1st Respondent in proceedings Nos.1/g2/1597/ TNSTC/07, dated 24.10.2007, 1/g2/5002/TNSTC/09, dated 12.2.2010, 1/g2a/884/TNSTC/10, dated 12.03.2010, 1/g8a/1989/TNSTC/10, dated 26.4.2010, 1/g2/1076/TNSTC/10, dated 7.7.2010, 1/g2/1058/TNSTC/10, dated 31.7.2010, 1/g8a/4547/TNSTC/10, dated 25.9.2010, 1/g2/2807/TNSTC/10, dated 27.9.2010, 1/g2/3394/TNSTC/10 dated 12.10.2010, 1/g2/2832/TNSTC/ 10, dated 30.10.2010 and 1/g2/4720/TNSTC/09, dated 30.10.2010 and quash the same as illegal incompetent, and further direct the respondents to furnish the periodical increments and other benefits belongs to the petitioner.

For Petitioner :

Mr.R.Kumaravel For Respondent :

Mr.S.Sairaman

ORDER

In this Writ Petition, the Petitioner seeks to quash the orders of punishment of the 1st Respondent dated 24.10.2007, 12.2.2010, 12.03.2010, 26.4.2010, 7.7.2010, 31.7.2010, 25.9.2010, 27.9.2010, 12.10.2010, 30.10.2010 and 30.10.2010.

2. This court heard the learned counsel on either side and also perused the materials placed on record. https://hcservices.ecourts.gov.in/hcservices/

3. The Petitioner has challenged 11 orders of punishment in one Writ Petition. After some elaborate arguments, it is now brought to the notice of this court that subsequently, the Petitioner was permitted to retire on 31.7.2016 subject to the result of the Writ Petition. The only grievance of the Petitioner is that he had been denied the increments allegedly due to the punishment pending. Since he is now retired, he wants to make a representation, seeking for payment of at least his increments dehors the alleged punishment.

4. The learned counsel for the Respondents would submit that if any such representation is made, it will be considered, in accordance with law.

5. Leaving alone all the points raised in this Writ Petition, the Petitioner is permitted to make a representation within 10 days from the date of receipt of a copy of this order, seeking for payment of his alleged increments and it is for the Respondents to consider the same, on merits and in accordance with law within four weeks thereafter. But, in so far as the pensionary benefits are concerned, the Respondents are directed to disburse the terminal benefits to the petitioner in twelve equal monthly instalments, in the light of the common judgment passed by this Court in W.A.(MD) Nos.383 to 457 of 2015 dated 12.06.2015. It is also made clear that the first instalment shall commence from 10.11.2016.

6. With the above directions, this Writ Petition is disposed of. No costs. Consequently, the connected MP is closed.

Sd/- Assistant Registrar(V) //True Copy// Sub Assistant Registrar Srcm To:

1.The General Manager, Tamil Nadu State Transport Corporation Limited, Coimbatore 2.The Branch Manager, Tamil Nadu State Transport Corporation, Marutha Malai Branch, Coimbatore + 1 cc to Mr.R.Kumaravel, Advocate SR.44947 WP.No.24034 of 2012 LRS(CO) EU 30.08.16 https://hcservices.ecourts.gov.in/hcservices/