The Tamilnadu State Transport v. D.Gopalakrishnan,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Monday, the Twenty Ninth day of April Two Thousand and Twenty Four PRESENT The Hon`ble Mrs.Justice S.SRIMATHY IN REV.APPL W(MD)SR.No. 20874 of 2024 1 THE TAMILNADU STATE TRANSPORT CORPORATION (KUMBAKONAM) LTD., REP. BY ITS MANAGING DIRECTOR, KUMBAKONAM 2 THE GENERAL MANAGER, THE TAMIL NADU STATE TRANSPORT CORPORATION (KUMBAKONAM) LTD., TRICHY REGION, TRICHY 3 THE ADMINISTRATOR, TAMIL NADU STATE TRANSPORT CORPORATION, PENSION FUND TRUST, THIRUVALLUVAR ILLAM, PALLAVAN SALAI, CHENNAI 2 ... PETITIONERS/PETITIONERS Vs D.GOPALAKRISHNAN, ... RESPONDENT/RESPONDENT Writ Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone 1/4
the delay of 364 days in filing this Review Application as against the order passed in WP (MD) No.10496 of 2015 dated 14.02.2023.
Prayer in Rev.Appl.(MD)No. 20874 of 2024:
Pleased to review the order passed in WP(MD)No. 10496 of 2015 dated 14.02.2023.
Prayer in WP(MD). 10496/ 2015 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Declaration, declaring action of the respondents in discharging services of the petitioner from the Post of Driver on medical grounds with effect from 23.12.1995 and appointing him as Helper as fresh entrant with effect from 21.101996 and denying pay protection, continuity of service in the post of driver, as illegal and violative article 14 and 21 of the Constitution of India and consequently to direct the Respondents to extend the benefit of continuity of service, pay protection in the post of Driver with effect from his date of discharge and to re determine re fix his retirement benefits as if he continued to work as Driver from 20.03.1985 to 30.04.
2011 and to pay revised retirement benefits to him inluding monthly pension, gratuity, leave salary and commuted value of pension etc., within the time limit that may be fixed by this court. ORDER : This Writ Miscellaneous Petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.SC.HEROLD SINGH, Advocate for the petitioner and of MR.A.RAHUL, Advocate on behalf of the Respondent, the court made the following order:- This petition is filed to condone the delay of 364 days in filing the Review Application before this Court.
2. I have perused the affidavit filed in support of the petition. Considering the reasons stated in the affidavit filed in support of this petition, this Court is inclined to allow this petition on payment of cost.
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4. This petition is allowed on condition that the petitioner shall pay the cost of Rs.1,000/- (Rupees One Thousand only) to the credit of District Siddha Medical Officer, CCRI, Periyakulam (A/c.No.10767823177, IFSC Code:SBIN0000898, State Bank of India, Periyakulam Branch) for providing butter milk.
5. On such payment being made, Registry is directed to number the appeal, if it is otherwise in order and list it for admission. sd/- 29/04/2024 / TRUE COPY / /05/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
TMG TO THE MANAGING DIRECTOR TAMIL NADU STATE TRANSPORT CORPORATION (KUMBAKONAM)LTD., KUMBAKONAM.
THE GENERAL MANAGER, TAMIL NADU STATE TRANSPORT CORPORATION (KUMBAKONAM) LTD., TRICHY REGION, TRICHY 3/4
THE ADMINISTRATOR, TAMIL NADU STATE TRANSPORT CORPORATION, PENSION FUND TRUST, THIRUVALLUVAR HOUSE, PALLAVAN SALAI, CHENNAI -2.
COPY TO THE SUB ASSISTANT REGISTRAR, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
THE DISTRICT SIDDHA MEDIAL OFFICER, CCRI, PERIYAKULAM.
ORDER
IN IN REV.APPL W(MD)SR.No. 20874 of 2024 Date :29/04/2024 PKP/JGB/SAR /08.05.2024/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4