Radhakrishnan, v. The Managing Director,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.04.2018

CORAM:

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.8535 of 2018 Radhakrishnan

...Petitioner

Vs.

1) The Managing Director, Tamil Nadu State Transport Corporation (KUM) Ltd., New Railway Station Road, Kumbakonam, Thanjavur District 612 001.

2) The General Manager, Tamil Nadu State Transport Corporation (KUM) Ltd., New Railway Station Road, Kumbakonam, Thanjavur District 612 001.

3) The Deputy Manager, Employees Pensions and Provident Fund Branch, Tamil Nadu State Transport Corporation (KUM) Ltd., Kumbakonam.

4) The Administrator, Tamil Nadu State Transport Corporation (KUM) Ltd., Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai -2.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 3rd respondent to allow the petitioner to sign in the Life Certificate and to disburse the petitioner's pension amount from the month of March 2018. For Petitioner : Mr.K.Gokul For RR 1 & 2 : Mr.D.Sivaraman For RR 3 & 4 : Mr.D.Muth Pandian

O R D E R

The prayer sought for in this Writ Petition is for seeking to issue a Writ of Mandamus, directing the 3rd respondent to allow the petitioner to sign in the Life Certificate and to disburse the petitioner's pension amount from the month of March 2018.

2. Heard Mr.K.Gokul, learned counsel for the petitioner and Mr.D.Sivaraman, learned counsel appearing for the respondents 1 & 2 and Mr.D.Muth Pandian, learned counsel appearing for the respondents 3 & 4.

https://hcservices.ecourts.gov.in/hcservices/

3. The only grievance of the petitioner is that, though he is a retired employee of the respondent Corporation and he is getting his pension, every year, within a particular period, he should sign the life certificate to get the pension. This year, even after the petitioner accepted to sign the life certificate, lying at the office of the third respondent, the petitioner was not permitted to sign the same for the reason best known to the third respondent.

4. However, Mr.D.Muth Pandian, learned counsel for the 3rd and 4th respondents denied the said charge and would further state that whenever the petitioner wants to come and sign the life certificate, let the petitioner come and do the same, and there cannot be any impediment in allowing the petitioner to sign the life certificate.

5. In view of the above submissions made by both the counsels, this Court is inclined to pass the following order that the petitioner is directed to report before the third respondent office on 25.04.2018 during the working hours and once the petitioner appears before the third respondent office, either the third respondent or any other official, so authorised, shall permit the petitioner to sign the life certificate.

6. With these directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To

1) The Managing Director, Tamil Nadu State Transport Corporation (KUM) Ltd., New Railway Station Road,Kumbakonam, Thanjavur District 612 001.

2) The General Manager, Tamil Nadu State Transport Corporation (KUM) Ltd., New Railway Station Road,Kumbakonam, Thanjavur District 612 001.

3) The Deputy Manager, Employees Pensions and Provident Fund Branch, Tamil Nadu State Transport Corporation (KUM) Ltd., Kumbakonam.

4) The Administrator, Tamil Nadu State Transport Corporation(KUM) Ltd., Employees Pension Fund Trust,Thiruvalluvar Illam, Pallavan Salai, Chennai -2.

+1CC to Mr.K.Gokul, Advocate, SR.No. 61946 +1CC to Mr.D.Sivaraman, Advocate, SR.No. 61944 Order in W.P.(MD)No.8535 of 2018 18.04.2018 https://hcservices.ecourts.gov.in/hcservices/ sts AM/SV MMS/SAR 3/19.04.2018/2P/7C