Madras High CourtWP(MD)/14501/2019disposed of

G.T.Sheela Jayanthi, v. M/S.Tamil Nadu State

2019-06-28Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR W.P(MD)No.14501 of 2019 G.T. Sheela Jayanthi ... Petitioner Vs.

M/s. Tamil Nadu State Transport Corporation Ltd., (Kumbakonam) Division, rep. by its Managing Director, New Railway Station Road, Kumbakonam - 612 001 ... 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 settle the retirement benefits of the petitioner of Rs.31,04,679/- with interest at the rate of 6% per annum, in the light of the orders passed by the Division Bench of this Court in WA (MD).383 to 457 of 2015, dated 12.06.2015 taking into consideration of the petitioner's representation dated 12.06.2019. For Petitioner : Mr.D.Soundarraj For Respondent : Mr.P.Balasubramanian Standing Counsel

ORDER

This writ petition is filed seeking to direct the respondents to settle the retirement benefits of the petitioner of Rs.31,04,679/- with interest at the rate of 6% per annum, in the light of the orders passed by the Division Bench of this Court in WA (MD).383 to 457 of 2015, dated 12.06.2015, taking into consideration of the petitioner's representation, dated 12.06.2019.

2. Mr.P. Balasubramanian, learned Standing Counsel takes notice for the respondents.

3. By consent of both parties, the writ petition is taken up for disposal at the admission stage itself. https://hcservices.ecourts.gov.in/hcservices/

4. According to the petitioner, he was appointed as Clerk on 09.05.1988 in the respondent - Corporation and retired from service as Special Grade Assistant on 23.03.2019, on attaining the age of superannuation. Despite the representation, dated 12.06.2019, for settlement of terminal benefits, the same was not considered by the respondent. Hence, the petitioner has filed the present Writ Petition before this Court.

5. At the time of hearing, the learned counsel appearing for the petitioner submitted that even though a larger relief is sought for in this Writ Petition, it would suffice, if a direction is issued to the respondent to consider and pass orders on the representation of the petitioner dated 12.06.2019.

6. The learned Standing Counsel appearing for the respondents would submit that the representation of the petitioner will be considered on merits and in accordance with law.

7. Having regard to the scope of the prayer made by the petitioner and considering the submissions made on either side, this Court, without expressing any opinion on the merits of the petitioner's case, directs the first respondent to consider the representation of the petitioner, dated 12.06.2019, on merits and in accordance with law and pass appropriate orders, within a period of twelve weeks from the date of receipt of a copy of this order, after affording due opportunity of hearing to the petitioner.

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

Sd/- Assistant Registrar (CS-III) / True Copy / Sub Assistant Registrar(CS- ) trp To The Managing Director, Tamil Nadu State Transport Corporation Ltd., (Kumbakonam) Division, New Railway Station Road,Kumbakonam - 612 001 +1 CC to M/s.D.SOUNDAR RAJ, Advocate ( SR-72237[F] dated 28/06/2019 ) +1 CC to M/s.P.BALASUBRAMANIAN, Advocate ( SR-72255[F] dated 28/06/2019 ) W.P(MD)No.14501 of 2019 28.06.2019 ES/18.07.2019/2P/4C https://hcservices.ecourts.gov.in/hcservices/