Madras High CourtWP(MD)/9864/2019disposed of

C.Ganesan v. The Management Of Tamil Nadu

2019-04-24Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.9864 of 2019 C. Ganesan ... Petitioner Vs.

1. The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Karaikudi Region, rep. by its General Manager, Karaikudi.

2.The Administrator, Tamil Nadu State Transport Employee's Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai. -2 ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the first respondent to settle and pay all the terminal benefits of the petitioner by paying Rs.10,04,298/- Gratuit Rs.5,41,475/- towards EPE Employee Contribution, Rs.4,90,933/-Encashment of 269 days of Earned/Sick Leaves, and etc., forthwith together with 18% per annum and further directing the respondents to pay him Rs.8,25,414/- towards Commutated Value of Pension under TNSTCE Pension Fund Rules, together with 18% interest per annum, within a time frame fixed by this Court.

For Petitioner : Mr.S.Arunachalam For Respondents : Mr.D. Sivaraman

ORDER

This writ petition is filed, seeking to direct the first respondent to settle and pay all the terminal benefits of the petitioner by paying Rs.10,04,298/- towards encashment of 269 days of Earned / Sick leaves and etc., forthwith together with 18% per annum and further directing the respondents to pay him Rs.8,25,414/- towards Commutated Value of Pension under TNSTCE Pension Fund Rules, together with 18% interest per annum, within a time frame fixed by this Court.

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2. Mr. D. Sivaraman, learned counsel takes notice for the respondents. By consent, the writ petition is taken up for

disposal at the admission stage itself.

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 first respondent, to consider the representation of the petitioner, dated 14.11.2018.

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, this Court, without expressing any opinion on the merits of the petitioner's case, directs the respondents to consider the representation of the petitioner, dated 14.11.2018 on merits and in accordance with law, and pass necessary 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 () // True Copy // Sub Assistant Registrar(CS) To

1. The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Karaikudi Region, rep. by its General Manager, Karaikudi.

2.The Administrator, Tamil Nadu State Transport Employee's Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai. -2 +1 CC to M/s.D.SIVARAMAN, Advocate ( SR-62234[F] dated 24/04/2019 ) +1 CC to M/s.S.ARUNACHALAM, Advocate ( SR-62862[F] dated 26/04/2019 ) trp W.P(MD)No.9864 of 2019 24.04.2019 KM/(23.05.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/