K.Sabhapathi v. Managing Director
2025:MHC:1794
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03-07-2025
CORAM
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN K.Sabhapathi Petitioner(s) Vs 1.Managing Director Tamil Nadu State Transport Corporation (Salem) Ltd, No.12, Ramakrishna Road, Salem 636 007.
2.The Administrator Tamil Nadu State Transport Corporation, Employees Pension Fund Trust, Pallavan Salai, Chennai-2.
Respondent(s) PRAYER Directing the respondents to pay payment of pension arrears from 01.07.2016 to 31.12.2023 and all other unsettled benefits along with interest at 12% per annum with effect from 01.07.2016 within a stipulated time as may be fixed by this Court.
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For Petitioner(s):
Mr.N.Desinghu For Respondent(s):
Mr.K.Raja, S.C., For R1 Mr.C.S.K. Sathish, SC For R2
ORDER
The present writ petition has been filed to direct the respondents to pay pension arrears from 01.07.2016 to 31.12.2023 and all other unsettled benefits along with interest at 12% per annum with effect from 01.07.2016.
2. The petitioner states that he joined in the respondent Transport Corporation as a Conductor on 15.07.1985 and his service was later regularised. However, the petitioner was dismissed from service on 10.04.2012 based on a charge memo dated 09.08.2011, alleging that the petitioner was unauthorisedly absent from 11.07.2011. Thereafter, the petitioner challenged the dismissal order before the Labour Court, Salem in ID.No.108 of 2012. The Labour Court partly allowed the petition and treating the absence period as medical leave and dismissal order dated 10.04.2012 was set aside to reinstate the petitioner with Page No.2 of 6
continuity of service along with 40% back wages.
3. The 1 st respondent filed a writ petition before this Court in W.P.No.6394 of 2016 against the order of Labour Court. During the pendency of the writ petition, the petitioner retired from service after attaining the age of superannuation. On 10.07.2023, this Court passed an order directing the respondent to pay 20% back wages along with continuity of service and pay all other terminal benefits to the petitioner. Since no action was taken, the petitioner is constrained to move the present writ petition.
4. The learned counsel for the petitioner would submit that the petitioner is entitled to pensionary arrears and in this connection he has sent a representation on 25.02.2025 and such representation is yet to be considered by the respondents.
5. At this juncture, the learned Standing Counsel appearing on behalf of the respondents would fairly submit that there is a huge delay in making such Page No.3 of 6
claim, but assures that the representation dated 24.02.2025, will be considered within a reasonable time.
6. In such view of the matter, without going into the merits of the writ petition, this court deems it appropriate to direct the respondents to consider the petitioner's representation dated 24.02.2025 and pass orders within a period of six (6) weeks from the date of receipt of a copy of this order, based on its own merits and in accordance with law.
7. With the above directions, this Writ Petition stands disposed of. No costs.
03-07-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Jeni Page No.4 of 6
To 1.Managing Director Tamil Nadu State Transport Corporation (Salem) Ltd, No. 12 Ramakrishna Raod, Salem 636 007.
2.The Administrator Tamil Nadu State Transport Corporation, Employees Pension Fund Trust, Pallavan Salai, Chennai-2 Page No.5 of 6
C.KUMARAPPAN J.
Jeni 03-07-2025 Page No.6 of 6