M.A.Mahaboob Basha v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.06.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.8530 of 2023 M.A.Mahaboob Basha ... Petitioner Vs.
1.The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Ltd., Bye Pass Road, Madurai.
2.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai-600 002.
3.The Deputy Manager (Provident Fund) Tamil Nadu State Transport Corporation (Madurai) Ltd., Bye Pass Road, Madurai.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the 1/4
records relating to the orders passed by the third respondent in his proceedings in Parvai.Vainithi 5/973 dated 04.04.2022 and to quash the same and consequently, direct the respondents 1 & 2 to revise the petitioner's pension with effect from 01.04.2015 as per G.O.Ms.No.146, dated 30.11.2015 instead of 01.05.2019 and to pay the difference amount of pension with 6% interest. For Petitioner : Mr.C.Thangamani For Respondents : Mr.C.Rama Chandrapradeep Standing Counsel for R1 to R3 : Mr.S.C.Herold Singh Standing Counsel for R2
ORDER
Heard the learned counsel on either side.
2. The petitioner is a retired employee of the respondent corporation. He superannuated on 20.02.2009. He claims the benefit of G.O.Ms.No.146, Transport Department, dated 30.11.2015. The respondents denied the petitioner's request by citing financial condition of the corporation. This order is put to challenge in this writ petition.
3. The reason set out in the impugned order is unacceptable. The respondents can pay the monetary benefits in installments. They cannot however reject the petitioner's request. Therefore, the order impugned in the writ petition is set aside. The respondents are directed to revise the 2/4
petitioner's pension and also pay the arrears as expeditiously as possible. The petitioner's request for payment of interest is however denied. The Writ Petition is allowed accordingly. No costs. Consequently, connected miscellaneous petition is closed.
14.06.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No rmi 3/4
G.R.SWAMINATHAN, J.
rmi 14.06.2023 4/4