Madras High CourtWP(MD)/4170/2020ordered

S.Baskaran v. The Managing Director

2020-02-28Honourable Mr Justice M.S. Ramesh2 pages

W.P.(MD) No.4170 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.4170 of 2020 S.Baskaran ... Petitioner vs

1. The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., New Railway Feeder Road, Kumbakonam.

2. The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Periyamilaguparai, Tiruchirappalli.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents to settle the entire terminal benefits along with interest at the rate of 18% from the date of retirement i.e., from 31.05.2019.

For Petitioner : Mr.K.S.Muthu For Respondents : Mr.P.Balasubramanian Standing Counsel

ORDER

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 2.The prayer sought for in the present writ petition is for issuance of writ of mandamus to direct the respondents to settle the entire terminal benefits along with the interest. The appropriate authority to consider the petitioner's claim would be the respondents herein and without approaching the respondents with the similar prayer, it would not appropriate for this Court to issue a mandamus. However, if the petitioner is granted liberty https://hcservices.ecourts.gov.in/hcservices/

W.P.(MD) No.4170 of 2020 to approach the respondents with a requisition and consequent direction to the respondents to consider the same, the ends of justice could be secured.

3.In the light of the above observations, the petitioner is granted liberty to make an appropriate requisition with the second respondent herein seeking for settlement of his terminal benefits and on receipt of the same, the second respondent shall consider it on own merits and take further course of action in accordance with law within a period of eight (8) weeks from the date of receipt of a copy of this order.

4. With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar() /True Copy/ Sub Assistant Registrar() +1 CC to M/s.K.S.MUTHU, Advocate ( SR-9360[F] dated 28/02/2020 ) +1 CC to M/s.P.BALASUBRAMANIAN, Advocate ( SR-9365[F] dated 28/02/2020 ) Order made in W.P.(MD)No.4170 of 2020 Dated:28.02.2020 SRS/ 16.03.2020/ 2P/3C https://hcservices.ecourts.gov.in/hcservices/