Madras High CourtWP(MD)/11030/2019disposed of

A.Mariyappan, v. The Management Of

2019-04-30Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.11030 of 2019 A.Mariyappan ... Petitioner Vs.

1. The Management of Tamil Nadu Transport Corporation (Tirunelveli) Ltd, Tirunelveli Region, Rep. by its Managing Director, Tirunelveli.

2. The Administrator, Tamil Nadu State Transport Employees Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai- 2.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to revise the pension benefits of the petitioner by treating his entire service period from 01.10.1984 to 30.11.2010 as continuos one and as one pensionable service period in accordance with TNSTCPF Rules and to pay him difference/arrears in Pension Commutation and monthly pension for the period from December 2010, together with 18% interest per annum.

For Petitioner : Mr. S.Arunachalam For Respondents : Mr.K.Sathya Singh

ORDER

This writ petition is filed, seeking to direct the respondents to revise the pension benefits of the petitioner by treating his entire service period from 01.10.1984 to 30.11.2010 as continuous and pensionable service period in accordance with TNSTCPF Rules and to pay him difference/arrears in Pension Commutation and monthly pension for the period from December 2010, together with 18% interest per annum.

2. Mr. K. Sathyasingh, learned Standing Counsel takes notice for the respondents. By consent, the writ petition is taken up for disposal at the admission stage itself.

3. Though this petition has been filed to give a positive direction to the respondents, the learned counsel appearing for the petitioner submits that the petitioner will be satisfied, if a https://hcservices.ecourts.gov.in/hcservices/

direction is issued to the respondents, to consider the representation of the petitioner, dated 18.12.2018.

4. Having regard to the limited scope of the prayer, that is now sought before this Court by the learned counsel appearing for the petitioner, this Court, without expressing any opinion on the merits of the petitioner's case, directs the respondents to consider the representation of the petitioner, dated 18.12.2018 on merits and in accordance with law, and pass necessary orders, within a period of eight weeks from the date of receipt of a copy of this order, after affording due opportunity of hearing to the petitioner.

5. With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar (Writs) // True Copy // Sub Assistant Registrar(CS ) trp To 1.The Managing Director Tamil Nadu State Transport Corporation (Tirunelveli) Ltd, Tirunelveli Region, Tirunelveli.

2. The Administrator Tamil Nadu State Transport Employees Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai- 2.

+1 CC to M/s.S.ARUNACHALAM, Advocate SR-64189. +1 CC to M/s.K.SATHIYA SINGH, Advocate SR-64292. W.P(MD)No.11030 of 2019 30.04.2019 CS: (03/06/2019) 2P 8C https://hcservices.ecourts.gov.in/hcservices/