The Tamilnadu State Transport Corporation Cbe Ltd v. K.Soundhararajan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 26/03/2025

CORAM

THE HONOURABLE Mrs. JUSTICE J.NISHA BANU AND THE HONOURABLE Mrs. JUSTICE S.SRIMATHY and CMP(MD) No.5005 of 2025 1.The Tamil Nadu State Transport Corporation (CBE) Ltd., Represented by its Managing Director, Mettupalayam Road Coimbatore 641 043 2.The General Manager, The Tamil Nadu State Transport Corporation (CBE) Ltd., Tiruppur Region, Tiruppur.

... Appellants/2nd &3rd respondents Vs 1.K.Soundhararajan 2.The Additional Chief Secretary to Government of Tamil Nadu Transport Department Fort St. George, Chennai 600 009.

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3.The Administrator Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Pallavan Salai Chennai 600 002.

... Respondents PRAYER :- Writ Appeal filed under Clause 15 of Letters patent against the order of this Court dated 28.10.2024 in WP(MD). No. 23573/2024. For Appellants : Mr.S.C.Herold Singh For Respondents : Mr.J.Ashok for R2 Additional Government Pleader Mr.S.C.Herold Singh for R3

JUDGMENT

(Judgment of the Court was delivered by J.NISHA BANU J.) The 3rd respondent in the writ petition is the appellant herein.

2. The writ appeal is directed against the order of the writ Court dated 28.10.2024 in WP(MD) No.23573/2024, wherein, the 1st appellant were directed to disburse the terminal benefits on or before 28.02.2025.

3. Heard the learned counsel for the appellant and the learned Additional Government Pleader for the 2nd respondent and perused the materials available on record.

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4. The writ petitioner retired on 31.03.2024 was not granted his terminal benefits till 11.07.2024. He has given a representation to the appellant corporation to disburse the benefits. However, since the said representation was not considered, he has filed the aforesaid writ petition. Upon hearing the contentions of the learned counsel for the writ petitioner and the appellant Corporation, the writ Court had directed the appellant to disburse 50% of the provident fund on or before 31.12.2024 and the balance on or before 28.02.2025 and other terminal benefits on or before 31.07.2025. Without paying the same and aggrieved by the direction given by the writ Court, the appellant is before this Court with this writ appeal.

5. Considering the financial constraints of the appellant Corporation as well as the employee, the writ Court had directed the appellant to disburse the terminal benefits in a time bound manner. However, without even disburse any amount, the appellant has chosen to file this writ appeal, which is not acceptable. Since the writ Court had graciously granted time for the appellant to disburse the benefits of its employee by giving time intervals, no interference is warranted to the 3/5

order of the writ Court. Accordingly, the writ appeal stands dismissed. No costs. Consequently connected Miscellaneous Petition is closed. [J.N.B.,J] [S.S.Y.,J] 26.03.2025 NCC : Yes/No Index : Yes/No RR To 2.The Additional Chief Secretary to Government of Tamil Nadu Transport Department Fort St. George, Chennai 600 009.

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J.NISHA BANU, J AND S.SRIMATHY, J.

RR

ORDER

IN WA(MD) No.724 of 2025 Date : 26/03/2025 5/5