The Managing Director v. A. Murugesan (Driver)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Ninth day of February Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice R.SUBBIAH and The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.1090 of 2017 IN WA(MD) No.SR38035 of 2015 1 THE MANAGING DIRECTOR TAMIL NADU STATE TRANSPORT CORPORATION, (MADURAI) LTD., BYE PASS ROAD, MADURAI/625 016 2 THE GENERAL MANAGER TAMIL NADU STATE TRANSPORT CORPORATION (MADURAI) LTD, DINDIGUL REGION, DINDIGUL-624 004.

... PETITIONERS/APPELLANTS Vs M.RAJESWARAN (DRIVER) TAMIL NADU STATE TRANSPORT CORPORATION MADURAI) LTD, ... 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 270 of days in representing the W.A(MD) SR.No.38035of 2015 on the file of this Honble Court. PRAYER IN WA(MD)SR.38035/2015 :

Memorandum of Grounds of Writ Appeal against the order dated 02.03.2015 passed in WP(MD)No.461 of 2013 on the file of this Hon'ble Court.

Prayer in WP(MD). 461/ 2013 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorarified Mandamus, calling for the records connected with the impugned order of rejection of pensionary benefits passed by the 2nd respondent in his letter Ref.CAD/PF 51 dated 02.08.2012 and quash the same and consequently direct the respondents to sanction pension, leave salary and other retirement benefits and also to settle the Post Retirement Benefit of Rs.67,800/- under the Post Retirement Benefit Scheme along with interest to the petitioner for his 14 years of qualifying service.

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.A.P.MUTHUPANDIAN, Advocate for the petitioner the court made the following order:- Order of the Court was made by R.SUBBIAH,J This petition seeking to condone the delay of 270 days in representing the appeal is allowed and the delay is condoned, on condition that the petitioners shall pay a sum of Rs.750/- (Rupees Seven Hundred and fifty only) within a period of one week from today, before the Tamil Nadu Mediation and Conciliation Centre, attached to this Bench. It is made clear that if the cost is not paid by the petitioners within the time stipulated in this order, the present Miscellaneous Petition shall stand dismissed automatically without any further reference to this Court. sd/- 09/02/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE MANAGING DIRECTOR TAMIL NADU STATE TRANSPORT CORPORATION, (MADURAI) LTD., BYE PASS ROAD, MADURAI/625 016 2 THE GENERAL MANAGER TAMIL NADU STATE TRANSPORT CORPORATION (MADURAI) LTD, DINDIGUL REGION, DINDIGUL-624 004.

COPY TO : THE CO-ORDINATOR, MEDIATION AND CONCILIATION CENTRE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

GJM/CM/SAR-3-13.2.17-2P-4C

ORDER

IN CMP(MD) No.1090 of 2017 IN WA(MD) No.SR38035 of 2015 Date :09/02/2017