Madras High CourtWP(MD)/5243/2020disposed of

Muthusrinivasan v. The State Of Tamil Nadu

2020-03-12Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.03.2020

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.P(MD)No.5243 of 2020 Muthusrinivasan .. Petitioner Vs 1.The State of Tamil Nadu Represented by Secretary to Government Tamil Nadu State Transport Corporation Fort St.George Chennai 2.The Managing Director Tamil Nadu State Transport Corporation No.27, Railway Station Kumbakonam 612 001 Thanjavur District 3.The General Manager Tamil Nadu State Transport Corporation Pudukkottai Region Pillaithanneerpandal Pudukkottai 4.The Administrator Tamil Nadu State Transport Corporation Corporation Employees Pension Pallavan Salai Chennai 600 002 .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to refix the petitioner's gratuity with interest for the period of 1984 to 1986 and other monetary retirement benefits with interest to the petitioner, based on the petitioner's representation, dated 14.02.2020.

For Petitioner : Mr.A.P.Dhas For R1 : Mr.M.Karuppasamy Pandian Government Advocate For R2 & R3 : Mr.P.Balasubramanian Standing Counsel

ORDER

This writ petition has been filed for a direction to the respondents to refix the petitioner's gratuity with interest for the period of 1984 to 1986 and other monetary retirement benefits with 1/3

interest to the petitioner, based on the petitioner's representation, dated 14.02.2020.

2. By consent of parties, this Writ Petition is taken up for final disposal at the stage of admission itself. 3.The case of the petitioner is that the petitioner was appointed in the respondents Corporation as Conductor on 12.12.1984 and he was selected as selection grade conductor and on 09.12.2009 he has been designated as special grade conductor. During the course of service, the petitioner was working as Conductor Level IV and he was promoted as Checking Inspector. The grievance of the petitioner is that the petitioner initially appointed on 12.12.1984 as conductor but, the respondents had calculated his service to gratuity from 01.09.1986 and they have not given his earn leave salary from the years 2011 to 2016. The above said period has not been calculated at the time of sanctioning of petitioner's retirement ie on 30.06.2017. Therefore, the petitioner has sent a detailed representation, dated 14.02.2020 claiming that the amounts which are due to him on difference heads. But, so far, the respondents have not taken any action. Hence, the petitioner is before this Court.

5.The learned counsel for the petitioner further submitted that for three claims, the petitioner has given three different representations.

6.Heard the learned counsel for the petitioner; learned Government Advocate appearing for the first respondent and the learned counsel appearing for the respondents 2 and 3. 7.The petitioner is directed to give a single representation to the respondents covering with all the issues within a period of two weeks from the date of receipt of a copy of this order. Considering the limited scope of prayer sought for in the Writ petition and without adverting to the merits of the case, the respondents are directed to consider the representation of the petitioner and pass orders on merits and in accordance with law within a period of twelve weeks from the date of representation of the petitioner. 8.With the above direction, this Writ petition is disposed of. No costs.

Sd/- Assistant Registrar (P&A) // True Copy // / /2020 Sub Assistant Registrar(CS) 2/3

msa To

1. The Secretary to Government State of Tamil Nadu Tamil Nadu State Transport Corporation Fort St.George Chennai 2.The Managing Director Tamil Nadu State Transport Corporation No.27, Railway Station Kumbakonam 612 001 Thanjavur District 3.The General Manager Tamil Nadu State Transport Corporation Pudukkottai Region Pillaithanneerpandal Pudukkottai 4.The Administrator Tamil Nadu State Transport Corporation Corporation Employees Pension Pallavan Salai Chennai 600 002 +1 CC to Mr.A.P.DHAS, Advocate ( SR-11318[F] dated 12/03/2020 ) +1 CC to Mr.P.BALASUBRAMANIAN, Advocate ( SR-11388[F] dated 12/03/2020 ) +1 CC to SPL.GP ( SR-11596[F] dated 13/03/2020 ) ORDER MADE IN W.P(MD)No.5243 of 2020 12.03.2020 VB(24.03.2020) 3P 8C 3/3