Madras High CourtWP/33612/2022disposed of

N.Matheswaran v. State Of Tamilnadu

2022-12-14Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.12.2022

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE W.P.No.33612 of 2022 N.Matheswaran ... Petitioner vs.

1.State of Tamil Nadu, rep. by its Secretary to Government, Tamil Nadu State Transport Corporation Limited, Secretariat, Fort. St. George, Chennai - 600 009.

2.The General Manager, Tamil Nadu State Transport Corporation Limited, No.12, Ramakrishna Road, Salem - 636 007.

3.The Secretary, Tamil Nadu State Transport Corporation (SD-I), Employees Co-operative Thrift and Credit Society Ltd., 164, A/2, Sathya Narayana Road, Swarnapuri, Salem - 636 004.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to settle the retirement benefits namely thrift Rs.52,260/- and dividend amount Rs.12,500/- totally a sum of Rs.64,760/- with interest to the petitioner. 1/4

For petitioner :

Mr.V.Elangovan For respondents :

Mr.D.Ravichander, Special Government Pleader for R1 and R2 Mr.M.Shajahan, Special Government Pleader for R3

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the respondents to settle the retirement benefits, namely, thrift of Rs.52,260/- and dividend amount Rs.12,500/-, totally a sum of Rs.64,760/- with interest to the petitioner.

2.The grievance of the petitioner is that the entire retirement benefits payable to him has not been paid. According to him, an amount of Rs.64,760/-, comprising of Rs.52,260/- and Rs. 12,500/- towards thrift and dividend amount is still due and payable by the respondents towards the petitioner's retirement benefits. The petitioner has retired from the service in the year 2015. The petitioner had earlier given a representation in the year 2016 seeking for disbursement of the balance amount as stated supra. Since the said representation has not been considered till date, he has filed this writ petition.

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3.Since the representation is an old one, the petitioner has to give a fresh representation. No prejudice would be caused to the respondents if a direction is issued to the respondents to consider the petitioner's representation, on merits and in accordance with law, within a time frame to be fixed by this Court.

4.For the foregoing reasons, this Court directs the petitioner to submit a fresh representation to the respondents 2 and 3 requesting them to pay the balance amount of Rs. 64,760/-, which according to him is due and payable towards his retirements benefits, within a period of one week from the date of receipt of a copy of this order. On receipt of the said representation, the respondents 2 and 3 are directed to pass final orders, on merits and in accordance with law, within a period of eight weeks thereafter.

5.With the aforesaid direction, the writ petition stands disposed of. No costs.

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ABDUL QUDDHOSE, J.

vga To 1.State of Tamil Nadu, rep. by its Secretary to Government, Tamil Nadu State Transport Corporation Limited, Secretariat, Fort. St. George, Chennai - 600 009.

2.The General Manager, Tamil Nadu State Transport Corporation Limited, No.12, Ramakrishna Road, Salem - 636 007.

3.The Secretary, Tamil Nadu State Transport Corporation (SD-I), Employees Co-operative Thrift and Credit Society Ltd., 164, A/2, Sathya Narayana Road, Swarnapuri, Salem - 636 004.

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