Madras High CourtWP(MD)/13051/2019disposed of

R.Sudalai Olivoo v. The Managing Director,

2019-06-19Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR WP(MD)No.13051 of 2019 R. Sudalai Olivoo ... Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Tirunelvlei.

2.The General Manager, Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Tirunelvlei.

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

... 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 disburse the arrear pension amount for a sum of Rs.8,86,482/- with 18% interest from the date of petitioner's retirement i.e., on 30.09.2009 to till date and consider the petitioner's representation dated 25.04.2019 within the time frame that may be stipulated by this Court.

For Petitioner : Mr.K.Guhan For Respondents : Mr.K.Sathiya Singh, Standing Counsel

ORDER

This Writ Petition has been filed for issuing a direction to the respondents to disburse the arrear pension amount a sum of Rs.8,86,482/- with 18% interest from the date of petitioner's retirement i.e., on 30.09.2009 to till date by considering the petitioner's representation, dated 25.04.2019 within a time to be stipulated by this Court.

2. 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 direction is issued to the respondents, to consider the representation of the petitioner, dated 25.04.2019.

3. The learned Standing Counsel appearing for the respondents submitted that the representation of the petitioner will be considered on merits within a specified time that may be fixed by this Court.

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 2nd respondent to consider the representation of the petitioner, dated 25.04.2019 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, this writ petition is disposed of. No costs.

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

2.The General Manager, Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Tirunelvlei.

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

+1 CC to M/s.K.GUHAN, Advocate ( SR-69839[F] dated 19/06/2019 ) +1 CC to M/s.K.SATHIYA SINGH, Advocate ( SR-70239[F] dated 20/06/2019 ) WP(MD)No.13051 of 2019 19.06.2019 ES/04.07.2019/3P/6C