Madras High CourtWP(MD)/2727/2020dismissed

M.Rajendran v. The General Manager

2021-12-13Honourable Mr Justice B.Pugalendhi2 pages

W.P(MD)No.2727 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 13.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.2727 of 2020 M.Rajendran ... Petitioner Vs 1.The General Manager, Tamil Nadu State Transport Corporation, (Kumbakonam Limited), Trichy Region, Periyamilaguparai, Trichy - 620 001.

2.The Branch Manager, Tamil Nadu State Transport Corporation, (Kumbakonam Limited), Mantharai Depot, Lalgudi Taluk, Trichy District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus to direct the respondents to sanction the entire amount of terminal benefits, gratuity and pensionary benefits of the petitioner from the date of his suspension period dated 15.09.2011 to till date along with interest at the rate of 10% per annum as per the Government order within a specific time frame as fixed by this Court.

For Petitioner : Mr.M.Sankar For Respondents : Mr.P.Balasubramanian

ORDER

This writ petition has been filed for a mandamus, to direct the respondents to pay entire terminal benefits, which are due to be paid to the petitioner from the date of his suspension i.e., from 15.09.2011 till date.

2.The learned Counsel for the respondents submitted that this writ petition has been filed on a misconception that the petitioner has been placed under suspension on initiation of departmental proceedings. But in fact the petitioner was dismissed from service https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.2727 of 2020 on 07.01.2013 itself in conclusion of the departmental proceedings. Further, when an employee is dismissed from service, he is entitled to get his contribution alone and not any other benefits. 3.In view of the above submission, this writ petition is dismissed and the petitioner is at liberty to challenge the dismissal order in the manner known to law. However, the respondents shall pay the benefits, which the petitioner is entitled to get, within a period of twelve weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) dsk Note:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The General Manager, Tamil Nadu State Transport Corporation, (Kumbakonam Limited), Trichy Region, Periyamilaguparai, Trichy - 620 001.

2.The Branch Manager, Tamil Nadu State Transport Corporation, (Kumbakonam Limited), Mantharai Depot, Lalgudi Taluk, Trichy District.

W.P(MD)No.2727 of 2020 13.12.2021 RK(31/12/2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2