Madras High CourtWP(MD)/9597/2019disposed of

G.Shanmuganathan, v. The Managing Director

2019-04-23Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.9597 of 2019 G. Shanmuganathan ... Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, New Railway Station Road, Kumbakonam - 612 001 2.The Administrator, The Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to grant 5th review benefits and to effect pay revision and pension and pay arrears and pension arrears in terms of 12(3) Settlement dated 13.04.2015 and in the light of the G.O.Ms.No.61, Transport Department dated 30.04.2015 and consequently to direct the respondents to pay the difference amount of petitioner's retirement benefits.

For Petitioner : Mr.C. Thangamani For Respondents : Mr. D. Sivaraman

ORDER

This writ petition is filed seeking to direct the respondents to grant 5th review benefits and to effect pay revision and pension and pay arrears and pension arrears in terms of 12(3) Settlement dated 13.04.2015 and also in the light of G.O.Ms.No.61, Transport Department dated 30.04.2015 and consequently to direct the respondents to pay the difference amount of the petitioner's retirement benefits.

2. Mr. D. Sivaraman, learned Standing Counsel takes notice for the respondents. By consent, the writ petition is taken up for disposal at the admission stage itself. https://hcservices.ecourts.gov.in/hcservices/

3. Though this petition has been filed to give a positive direction to the respondents, the learned counsel appearing for the

petitioner submits that the petitioner will be satisfied, if a direction is issued to the respondents, to consider the representation of the petitioner, dated 25.03.2019.

4. Having regard to the limited scope of the prayer that is now sought before this Court by the learned counsel appearing for the petitioner, which has been agreed by the learned counsel for the respondents, this Court, without expressing any opinion on the merits of the case, directs the respondents to consider the representation of the petitioner, dated 25.03.2019 on merits and in accordance with law and pass appropriate orders, within a period of eight weeks from the date of receipt of a copy of this order, after affording due opportunity of hearing to the petitioner,

5. With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // Sub Assistant Registrar(CS) trp To 1.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, New Railway Station Road, Kumbakonam - 612 001 2.The Administrator, The Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.

+1CC TO MR.C.THANGAMANI, Advocate Sr. No.61894 +1CC TO MR.D.SIVARAMAN, Advocate Sr. No.61970 W.P(MD)No.9597 of 2019 23.04.2019 AVS(CO) TR (23.05.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/