Tamil Nadu State Transport v. A. Sambantham

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Nineteenth day of January Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice N.KIRUBAKARAN and The Hon`ble Mrs.Justice R.THARANI CMP(MD) No.100 of 2018 IN WA(MD) No.SR404 of 2018 TAMIL NADU STATE TRANSPORT CORPORATION (KUMBAKONAM) LIMITED, REP. BY ITS MANAGING DIRECTOR , TAMIL NADU STATE TRANSPORT CORPORATION, KUMBAKONAM DIVISION I RAILWAY STATION NEW ROAD, KUMBAKONAM- 612 001.

... PETITIONER/ APPELLANT Vs A.SAMBANTHAM ... RESPONDENT/ RESPONDENT Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to Condone the delay of 336 days in filing the Writ Appeal against the order passed in W.P.No.4034 of 2009 dated 02.01.2017 and thus render justice.

PRAYER IN WA(MD) No.SR404 of 2018:

To set aside the order passed in WP(MD)No.4034 of 2009 dated 02.01.2017 and dismiss the above writ petition and pass such further or other orders as this Hon`ble Court.

Prayer in WP(MD)No.4034 of 2009: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order of the respondent in Ref.j.m.Ngh.f/Fk;g/r2/10/2008 , dated 11.3.2009 and quash the same and consequently direct the respondent to pay regular pensionary benefits to the petitioner together with the arrears and all consequential benefits. ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.D.SIVARAMAN, Advocate for the petitioner and of M/S.T.ANTONY ARUL RAJ, Advocate on behalf of the Respondent, the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/ Though the reasons given for condoning the delay are not convinced, the facts of the case are convinced this Court to condone

the delay. Hence the delay is condoned and this petition is ordered on condition that the petitioner shall pay a sum of Rs.1000/- (Rupees One Thousand Only) to the respondent, from today. Office is directed to number the writ appeal and list the matter for hearing, if the same is otherwise in order. sd/- 19/01/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SECTION OFFICER, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.100 of 2018 IN WA(MD) No.SR404 of 2018 Date :19/01/2018 MS/PM-PN/SAR.4/19.01.2018/2P.2C https://hcservices.ecourts.gov.in/hcservices/