A.Duraisamy v. The Managing Director,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-01-2020

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.35651 of 2019 A.Duraisamy ... Petitioner -Vs1.The Managing Director, Metropolitan Transport Corporation (Chennai Division) Ltd., Pallavan House, Anna Salai, Chennai - 600 002.

2.The Human Resource Manager (H.R.) Metropolitan Transport Corporation (Chennai Division) Ltd., Pallavan House, Anna Salai, Chennai - 600 002.

3.The Branch Manager, Metropolitan Transport Corporation (Chennai Division) Ltd., Adyar Depot, Chennai - 600 020.

... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 30.08.2019 and grant him the 4th review benefits and all other consequential benefits including the increase in the monthly pension amount.

For Petitioner : Mr.P.Chinnadurai For Respondents : Mr.D.Raghu Standing Counsel

O R D E R

By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself. Page No.1/3

2.This writ petition has been filed for issuance of Writ of Mandamus directing the respondents to consider the representation made by the petitioner dated 30.08.2019 and to grant him the 4th review benefits with all other consequential benefits within the time fixed by this Court. 3.The case of the petitioner is that he joined the respondent Corporation as a Driver in the year 1990 and he attained superannuation on 30.09.2018. According to the petitioner, the respondent Corporation will have to review the benefits once in seven years and the petitioner was already granted the 1st review in the year 1997, the 2nd review in the year 2004 and the 3rd review in the year 2011. The 4th review was due in May 2018. The petitioner claims that he was not granted the 4th review and he retired from service on 30.09.2018.

Therefore, the petitioner has made a representation to the respondents to grant him the 4th review and for all the other consequential benefits. Since, the same was not considered, the present writ petition has been filed before this Court. 4.Heard the learned counsel on either side and perused the materials available on record.

5.Taking into consideration the facts and circumstances of the case and the limited relief that has been sought for in this writ petition, there shall be a direction to the first respondent to consider the representation made by the petitioner on 30.08.2019, claiming for the 4th review benefits and pass appropriate orders in accordance with law within a period of six weeks from the date of receipt of copy of this order. The petitioner is directed to make a fresh representation to the first respondent along with a copy of the representation dated 30.08.2018 and a copy of this order.

6.This writ petition is disposed of with the above directions. No costs.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar rm Page No.2/3

To 1.The Managing Director, Metropolitan Transport Corporation (Chennai Division) Ltd., Pallavan House, Anna Salai, Chennai - 600 002.

2.The Human Resource Manager (H.R.) Metropolitan Transport Corporation (Chennai Division) Ltd., Pallavan House, Anna Salai, Chennai - 600 002.

3.The Branch Manager, Metropolitan Transport Corporation (Chennai Division) Ltd., Adyar Depot, Chennai - 600 020.

+1 cc to Mr.P.Chinnadurai Advocate sr 269 W.P.No.35651 of 2019 aa13/01/2020 Page No.3/3