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Madras High CourtWP(MD)/12438/2018disposed of

K.Thangarajan, v. The Administrator,

2018-06-12Honourable Mr Justice R. Suresh Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.06.2018 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P(MD)No.12438 of 2018 K.Thangarajan ... Petitioner Vs.

1. The Administrator, The Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai.

2. The Managing Director, The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Tirunelveli District.

3. The General Manager, The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Nagercoil Region, Kanyakumari District.

4. The Branch Manager, Tamilnadu State Transport Corporation (Tirunelveli) Ltd., Nagercoil Region, Marthandam Branch, Kanyakumari District.

... Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents herein to disburse interest for belated payment of Provident Fund and terminal benefits, dearness allowance and earn leave benefits for the year 2008 and 2009 along with 18% interest by considering the representation of the petitioner dated 24.04.2018 within a time frame that may be fixed by this Court. For Petitioner : Mr.T.Jeen Joseph For Respondents : Mr.K.Sathya Singh

O R D E R

The prayer sought for in this writ petition is for a writ of mandamus, directing the respondents herein to disburse interest for belated payment of Provident Fund and terminal benefits, dearness allowance and earn leave benefits for the year 2008 and 2009 along with 18% interest by considering the representation of the petitioner dated 24.04.2018 within a time frame that may be fixed by this Court.

2.Heard Mr.T.Jeen Joseph, learned counsel for the petitioner and Mr.K.Sathya Singh, learned standing counsel appearing for the respondents.

3.The learned counsel appearing for the petitioner would submit that the petitioner in order to redress his grievance has given representation on 24.04.2018 and if a direction is given to the respondents to consider the representation and pass orders thereon on merits and in accordance with law, the petitioner would be satisfied.

4.The learned standing counsel appearing for the respondents would submit that the representation of the petitioner shall be considered on merits and in accordance with law, within a period of eight weeks and an order to that effect will be passed and the same would be communicated to the petitioner. 5.Considering the said submissions made by both sides and the limited scope of the writ petition, this writ petition is disposed of with a direction that the third respondent shall pass orders on the representation of the petitioner dated 24.04.2018 on merits and in accordance with law, of course, based on 12(3) Settlement under I.D.Act, within a period of eight weeks from the date of receipt of a copy of this order and a reasoned order to that effect passed by the third respondent shall be communicated to the petitioner, with the said time.

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

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To The General Manager, The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Nagercoil Region, Kanyakumari District.

+1cc to Mr.S.C.Herold Singh, Advocate Sr.No.67801 +1cc to Mr.K.Sathya Singh, Advocate Sr.No.67936 ARUL VB/PN/SAR4/02.07.2018/3P/4C W.P(MD)No.12438 of 2018 12.06.2018