Madras High CourtWP(MD)/3741/2019disposed of

M.Sivaprakash, v. The Principle Accountant

2019-02-26Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :26.02.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN WP(MD)No.3741 of 2019 M.Sivaprakash ... Petitioner Vs.

1.The Principal Accountant General (A&E), Thenampet, Chennai - 18.

2.The Director, The Directorate of School Education, College Road, Chennai.

3.The District Educational Officer, The District Educational Office, Campus of Government Higher Secondary School (Boys), Sankarankovil, Tirunelveli District.

4.The Administrative Officer, Tamil Nadu State Transport Corporation Limited, Tamil Nadu State Transport Corporation Fund Scheme, Pallavan Salai, Chennai - 600 002.

5.The Managing Director, Tamil Nadu State Transport Corporations Limited, Tirunelveli District.

6.The Assistant Provident Commissioner, Employees Provident Fund Organisation, Sub Regional Office, NGO - Colony, Tirunelveli District - 627 007.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 5th respondent to send the petitioner's earlier service records to the 3rd respondent and the 3rd respondent may consider the same and count the petitioner's earlier service rendered from 07.06.1986 to 30.09.1998 in 5th respondent's corporation as a Conductor and to send the revised pension proposal to the 1st respondent and to grant pension with all consequential benefits and arrears with interest based on consideration of the petitioner's last representation dated 03.11.2018.

For Petitioner : Mr.V.Muthuvelan For Respondent : Mr.P.Gunasekaran No.1

For Respondent :Mr.K.Sathiya Singh No.5 For Respondent : Mrs.S.Srimathy, Nos. 2 to 4 & 6 Special Government Pleader

ORDER

This Writ Petition has been filed seeking for a direction to the 5th respondent to send the petitioner's earlier service records to the 3rd respondent, for sending the revised pension proposal and to grant pension with all consequential benefits and arrears with interest by considering the petitioner's representation dated 03.11.2018.

2.The petitioner originally worked under the 3rd respondent Transport Corporation as Conductor from 07.06.1986 to 30.09.1998 and later on joined as BT Assistant under the 3rd Respondent and subsequently, retired from service on 28.02.2018. But, so far his earlier service rendered under the Transport Corporation has not been taken into consideration for pensionary benefits. In connection with his claim for settlement of terminal and pensionary benefits and also for tagging his earlier services, the petitioner sent several representations and the final one is on 03.11.2018. All the attempts made by the petitioner in respect of his claim ended in vain.

3.Under such facts and circumstances, this Court, without going into the merits of the case, directs the respondents to consider the petitioner's representation dated 03.11.2018 on merits and in accordance with law and pass appropriate orders, after affording opportunity of hearing to the petitioner, within a period of six weeks from the date of receipt of a copy of this order.

4.The writ petition is disposed of, on the above terms. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) To 1.The Principal Accountant General (A&E), Thenampet, Chennai - 18.