Radhakrishnan v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.03.2020
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU Radhakrishnan ....Petitioner vs.
1.The State of Tamilnadu 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 The Tamil Nadu State Transport Corporation Corporation Employees Pension Pallavan Salai, Chennai 600 002
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus, directing the respondents to provide the petitioner's gratuity with interest from the period of 01.02.1989 to 01.12.1989 based on the petitioner's representation, dated 06.03.2020.
For Petitioner : Mr.A.P.Dhas For R1 : Mr.K.Mu.Muthu Additional Government Pleader For R2 & R3 : Mr.P.Balasubramanian
O R D E R
The writ petition has been filed for a direction to the respondents to provide the petitioner's gratuity with interest from the period of 01.02.1989 to 01.12.1989 based on the petitioner's representation, dated 06.03.2020.
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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 as Conductor on 31.01.1989 and he was confirmed as permanent Conductor by an order dated 02.01.1990. The learned counsel for the petitioner would submit that the petitioner was selected as Senior Grade Conductor and on 29.11.2005, he was promoted as Checking Inspector based on the degree qualification. While being so, on 17.05.2008, he was promoted as Traffic Inspector and he retired from service on 31.12.2018 on attaining the age of superannuation. The grievance of the petitioner is that the respondents sanctioned the terminal benefits belatedly and had withheld the balance 95 days of leave salary amount from 2011 and also the grade pay has not been refixed from 2010 to 2015. Therefore, the petitioner made a representation, dated 06.03.2020 to the respondents. Since no action has been taken by the respondents, the petitioner is before this Court.
4.Heard the learned counsel for the petitioner; learned Additional Government Pleader appearing for the first respondent and the learned counsel appearing for the respondents 2 and 3. 5.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, dated 06.03.2020 and pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. It is needless to say that the petitioner shall enclose the copy of the representation, dated 06.03.2020 along with copy of this order to the respondents. 6.With the above directions, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) 2/3
msa To:- 1.The Secretary to Government The State of Tamilnadu 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 +1 CC to M/s.A.P.SHAS, Advocate ( SR-12792[F] dated 23/03/2020 ) +1 CC to M/s.P.BALASUBRAMANIAN, Advocate ( SR-12887[F] dated 23/03/2020 ) +1 CC to M/s.SPL.GP ( SR-12854[F] dated 23/03/2020 ) 23.03.2020 KB(26/05/2020) 3P 7C 3/3