Madras High CourtWP(MD)/7587/2019disposed of

P.Selvaraj v. The Managing Director

2019-03-29Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:29.03.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.7587 of 2019 P.Selvaraj ... Petitioner vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Corporate Office, V.M.Chathiram, KTC Nagar, Tirunelveli, Tirunelveli Taluk & District - 627 003.

2.The Genreal Manager, Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Nagercoil Region, Rani Thottam, Nesamony Nagar, Nagercoil, Kanyakumari District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to disburse the retirement benefits for a sum of Rs.15,26,023/- with interest at the rate of 12% per annum within stipulated time as prescribed by this Court.

For Petitioner : Mr.P.Arun Jayatram For Respondents : Mr.K.Sathiya Singh

ORDER

The Writ Petition is filed seeking a direction to the respondents to disburse the retirement benefits for a sum of Rs.15,26,023/- with interest at the rate of 12% per annum within stipulated time as prescribed by this Court.

2. Heard the learned Counsel appearing for the petitioner and the learned Standing Counsel who takes notice for the respondents. By consent, the Writ Petition is taken up for final disposal at the stage of admission itself.

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3. The case of the petitioner is that he worked as a Special Conductor in the second respondent Transport Corporation and he retired from service on 31.05.2018. However, the respondents Corporation have not chosen to disburse the retirement benefits to the petitioner. Hence, he made representations dated 22.02.2019 and 06.03.2019 to the respondents seeking retirement benefits. Since the same have not been considered so far, the present Writ Petition has been filed by the petitioner.

4. The learned Standing Counsel appearing for the respondents would submit that the representation of the petitioner would be considered within a time as fixed by this Court.

5. Considering the facts and circumstances of the case, without expressing any opinion with regard to the merits of the case, the respondents are directed to consider and pass appropriate orders on the representations of the petitioner, dated 22.02.2019 and 06.03.2019 with regard to the settlement of retirement benefits, on merits and in accordance with law, after due opportunity of personal hearing to the petitioner. Such an exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.

6. The Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) ssl To 1.The Managing Director, Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Corporate Office, V.M.Chathiram, KTC Nagar, Tirunelveli, Tirunelveli Taluk & District - 627 003.

2.The Genreal Manager, Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Nagercoil Region, Rani Thottam, Nesamony Nagar, Nagercoil, Kanyakumari District.

+1CC TO MR.P.ARUN JEYATRAM, Advocate Sr. No. 58175 W.P(MD)No.7587 of 2019 29.03.2019 TR (27.04.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/