Kothandaraman v. Tamil Nadu State Transport

W.M.P.No.27510 of 2016 in REV.APLW.No.SR103894 of 2016 in W.P.No.4097 of 2016 T.RAJA, J.

This petition is filed to condone the delay of 110 days in filing the review application against the order dated 04.02.2016 in W.P.No.4097 of 2016. 2.Heard both sides.

3.Learned counsel for the petitioner would submit that this Court while disposing the writ petition No.4097 of 2016 dated 04.02.2016, directed the second respondent to consider the petitioner's representation dated 05.01.2016. Since in the writ petition, writ of mandamus was sought for payment of gratuity and other retiral benefits of the writ petitioner i.e. the quantum of gratuity and other benefits were wrongly mentioned. In any event, the representation dated 05.01.2016 directed the respondents to dispose of the same and till date, they were not disposed of. Therefore, this petition may be allowed otherwise, a huge amount of his retiral benefits will be denied. When the actual amount are not mentioned in the prayer portion and allowing the petition to carry out the correct amount would not be caused any prejudice to the respondents.

T.RAJA, J

kal 4.Considering the fact that the quantum of gratuity payable to the petitioner is Rs.5,92,062/- and it has been wrongly mentioned in prayer of the writ petition as Rs.4,95,803/- and similarly, the other heads also wrong figures have been given.

5.Having regard to the submissions and no objection raised by the learned counsel for the respondents, this petition is allowed and the delay in filing of the review application is condoned. 20.10.2016 kal W.M.P.No.27510 of 2016 in REV.APLW.No.SR103894 of 2016 in W.P.No.4097 of 2016