Madras High CourtWP(MD)/4849/2019closed

S.Ayyaru, S/O.Chellakannu, v. The Managing Director,

2019-03-12Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.03.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.4849 and 4850 of 2019 and WMP(MD)Nos.3857 and 3858 of 2019 S.Ayyaru ... Petitioner in WP(MD)No.4849/2019 R.Balakrishnan ... Petitioner in WP(MD)No.4850/2019 vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Railway Station New Road, Kumbakonam.

2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Railway Station New Road, Kumbakonam.

3.The Administrator, Tamil Nadu State Transport Corporations Employee's Pension Fund Trust, Thiruvalluvar Illam, SETC Ltd., Tamil Nadu Office, Pallavan Salai, Chennai - 600 002.

... Respondents in both W.Ps.

Prayer: Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned orders passed by the 2nd respondent in Tha A Po Ka/ Ti 2 / Ma Pu/ 237 / 2000 and Tha A Po Ka/ Ti 6 / A Tip/ 217 / 2000 dated 24.07.2018 and quash the same as illegal and consequently direct the respondents to calculate and disburse the terminal benefits after including two increments in the basic pay with interest within the time stipulated by this Court.

For Petitioners : Mr.K.Gokul For Respondents : Mr.K.Chellapandian Additional Advocate General assisted by Mr.D.Sivaraman in both writ petitions.

ORDER

These writ petitions have been filed seeking to quash the impugned orders passed by the second respondent dated 24.07.2018, imposing the punishment of two stage reduction. 2.When the matters are taken up for hearing, the learned Additional Advocate General appearing for the respondents submitted that after filing of the present writ petitions, the impugned orders dated 24.07.2018 came to be withdrawn by the proceedings dated 12.03.2019 in TNSTC/KUM/L2/LEGAL /WRIT PETITION/4849/2019 and TNSTC/KUM/L2/LEGAL/WRIT PETITION/4850/2019. A copy of the said proceedings has been produced, wherein it is held as follows: "He filed writ petition before the Hon'ble High Court for retirement benefits. For settled the retirement benefits the charge memo was closed and 2 stage reduction was issued as final order to him on 24.07.2018. The employee filed writ petition WP(MD)No.4850/2018 to quash the final order issued to him. Due to this our General Manager and Additional Advocate General were appeared before the Hon'ble High Court on 05.03.2019.

Now the final order issued on 24.07.2018 was withdrawn and our Corporation was decided to close the charge memo with "No action".

The two stage reduction punishment is set aside and the difference amount in gratuity and leave salary may be settled to the employee within a period of 15 days. We have also sent a letter to Pension Trust for pension arrears and the copy of the letter is also enclosed herewith for your kind perusal."

3.In such view of the matter, these writ petitions stand closed with a direction to the respondents to settle the benefits to the petitioners within a period of 15 days from today without any further delay. No costs. Consequently, WMP(MD)Nos.3857 and 3858 of 2019 are also closed.

Sd/- Assistant Registrar (P AND A) // True Copy // Sub Assistant Registrar(CS IV) mj

To 1.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Railway Station New Road, Kumbakonam.

2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Railway Station New Road, Kumbakonam.

3.The Administrator, Tamil Nadu State Transport Corporations Employee's Pension Fund Trust, Thiruvalluvar Illam, SETC Ltd., Tamil Nadu Office, Pallavan Salai, Chennai - 600 002.

+2 CC to M/s.D.SIVARAMAN, Advocate ( SR-53342[F],53343) +2 CC to M/s.K.GOKUL, Advocate ( SR-53721[F] ,53720) W.P(MD) No.4849 and 4850 of 2019 12.03.2019 DS/ /SAR- (13.03.2019) 3 P 8C