D.Anbalagan v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Special Original Jurisdiction) Thursday, the Twenty Fourth day of April Two Thousand and Twenty Five PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY W.P.(MD)No.6883 of 2017 D.Anbalagan ... Petitioner/Petitioner Vs 1 The Managing Director Tamilnadu State Transport Corporation (Kumbakonam) Ltd. Kumbakonam Region Kumbakonam 2 The Administrator Tamil Nadu State Transport Employees Pension Fund Trust Thiruvalluvar Illam Anna Salai Chennai 2 ... Respondents/Respondents Prayer in W.M.P.(MD) No. 8498 of 2025:- The Writ Miscellaneous Petition filed under section Article 226 of the Constitution of India, to pleased to set-aside the order dated.16.10.2024 and to restore the W.P(MD)No.6883 of 2017.

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Prayer in W.P.(MD)No. 6883 of 2017 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this court to issue a writ of Declaration declaring that the action of the 1st Respondent in excluding the service period of the petitioner from 10.4.1985 to 16.4.2003 to calculate his total service period as illegal and consequently direct the 1st respondent to pay him all terminal benefits including gratuity and etc., and further directing the respondents to pay him pension benefits under the Tamil Nadu State Transport Employees Pension Fund Rules, including arrears of pension from February 2016, together with 18% interest per annum within a time frame to be fixed by this Court.

ORDER:- This Writ Miscellaneous Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr. S. Arunachalam Advocate for the petitioner and Mr. S.C.Herold Singh for R 1 and R 2 Advocate for the respondent, this Court made the following order:

It was brought to the knowledge of this Court that the petitioner died. Subsequently, it was represented that the petitioner is alive. This Court directed the petitioner to appear before this Court and the petitioner appeared before this Court. 2/4

Hence, the writ miscellaneous petition is allowed. Registry is directed to restore the writ petition and post the writ petition for hearing before appropriate portfolio Judge.

Sd/- ASSISTANT REGISTRAR ( CS - I) // True Copy // / /2025 Sub Assistant Registrar ( CS-I / II / III / IV ) TO

1. The Managing Director Tamilnadu State Transport Corporation (Kumbakonam) Ltd. Kumbakonam Region Kumbakonam

2. The Administrator Tamil Nadu State Transport Employees Pension Fund Trust Thiruvalluvar Illam Anna Salai Chennai 2 Copy to:

The Section Officer, Writ Section, Madurai Bench of Madras High Court, Madurai 3/4

ORDER DATED : 24/04/2025 ==========================

ORDER

========================== WMP(MD). No.8498 of 2025 IN WP(MD).NO. 6883 OF 2017 AS - ( 14.05.2025) 4P/ 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4