D.Thothathiri v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD)No.13790 of 2019 D.Thothathiri ... Petitioner Vs.

1. The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Limited, Bye-Pass Road, Madurai - 625 010.

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

... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to pay petitioner's Pension Commutation amount along with 18% interest.

For Petitioner : Mr.C.Thangamani For Respondents : Mr.J.Senthil Kumariah

ORDER

This Writ Petition has been filed seeking a direction to the respondents to pay the petitioner's Pension Commutation amount along with 18% interest.

2.Mr.J.Senthil Kumariah, learned Standing Counsel takes notice for the respondents. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3.According to the petitioner, he joined the services of the respondent Transport Corporation as an Assistant Engineer in the year 1985 and subsequently, was promoted as a Deputy Manager and retired from service on 31.03.2016.

Except his Pension Commutation amount, other retirement benefits were paid to him. In this regard, the petitioner has made a representation dated 04.02.2018 to the respondents, but, till date, the said representation has not been considered by the respondents. Hence, the present Writ Petition.

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4.The learned counsel for the appearing petitioner submitted that if a direction is issued to the second respondent to consider the representation of the petitioner, dated 04.02.2018, it would suffice.

5.The learned Standing Counsel appearing for the respondents submitted that the second respondent would consider the petitioner's representation and pass orders within a time frame to be fixed by this Court.

6.Recording the submission made by both parties, without going into the merits of the case, this Court directs the second respondent to consider the petitioner's representation dated 04.02.2018 and pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

7.This writ petition is disposed of, with the above direction. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) smn2 To

1. The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Limited, Bye-Pass Road, Madurai - 625 010.

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

+ 1 CC TO Mr.C.Thangamani, ADVOCATE IN SR No.70187 + 1 CC TO Mr.J.Senthil Kumariah, ADVOCATE IN SR No.70140 W.P.(MD)No.13790 of 2019 20.06.2019 KS(02.07.2019) 2 P 5 C https://hcservices.ecourts.gov.in/hcservices/