Madras High CourtWP(MD)/13846/2018disposed of

A.Soosai Adaikalam, v. The Managing Director

2018-06-28Honourable Mr Justice R. Suresh Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.06.2018 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P(MD)No.13846 of 2018 A.Soosai Adaikalam ... Petitioner Vs.

1.The Managing Director, Tamilnadu State Transport Corporation (Kumbakonam) Limited, New Railway Feeder Road, Kumbakonam.

2.The General Manager, Tamilnadu State Transport Corporation (Kumbakonam) Limited, Maruthupandi, Karaikudi.

3.The Administrator, Tamilnadu State Transport Corporation Employees' Pension Fund Trust, Office of SETC, Pallavan Salai, Chennai - 600 002.

... Respondents PRAYER: This Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to settle the entire terminal and pension benefits,with interest at the rate of 9% per annum on 30.04.2011 to 16.04.2013 till the date of payment.

For Petitioner :

Mr.K.S.Muthu For Respondents :

Mr.D.Sivaraman, R1 and R2 Mr.A.P.Muthupandian, for R3

O R D E R

The prayer sought for in this writ petition is for a writ of Mandamus, directing the respondents to settle the entire terminal and pension benefits,with interest at the rate of 9% per annum on 30.04.2011 to 16.04.2013 till the date of payment. 2.Heard Mr.K.S.Muthu, learned counsel appearing for the petitioner and Mr.D.Sivaraman, learned standing counsel appearing for the respondent Nos.1 and 2 and Mr.A.P.Muthupandian, learned standing counsel appearing for the respondent No.3.

3.The petitioner was working as Conductor at the respondents Corporation from 1980 onwards.

However, on disciplinary proceedings, he was terminated from service on 10.06.1995, as against which, he raised an Industrial Dispute and the said Industrial Dispute was allowed, by modifying the punishment of termination into withholding the increment for three years without cumulative effect. Subsequently, the petitioner was reinstated on 08.05.2012 and thereafter, after having worked for sometime, the petitioner retired from service on superannuation on 30.04.2013. 4.Though the petitioner was reinstated and served till his superannuation and he also contributed to the third respondent Pension Fund, he has not been given pensionary benefits. Therefore, in this regard, the petitioner had given a representation on 15.02.2018 to the respondents.

5.The learned counsel appearing for the petitioner would submit that, if the said representation is directed to be considered by the respondents, especially the second and third respondents and an order to that effect is directed to pass, the petitioner would be satisfied.

6.I have heard the learned standing counsel appearing for the respondents 1 and 2 and also the learned standing counsel appearing for the respondent No.3, who would submit that the respondents 2 and 3 would consider the representation of the petitioner dated 15.02.2018 and pass orders thereon, with regard to the claim of the petitioner, within a time frame that may be stipulated by this Court.

7.In view of the said submissions made by both sides and considering the limited scope of the prayer sought for in this writ petition, this Court is inclined to pass the following order: "The second and third respondents are directed to consider the representation of the petitioner dated 15.02.2018 with regard to his claim of retiral and pensionary benefits and pass orders thereon, on merits and in accordance with law, by taking into account Section 12(3) of I.D.Act settlement between the employer and employees, within a period of six weeks from the date of receipt of a copy of this order".

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

Sd/- Assistant Registrar(RTI) /True copy/ Sub Assistant Registrar

To 1.The Managing Director, Tamilnadu State Transport Corporation (Kumbakonam) Limited, New Railway Feeder Road, Kumbakonam.

2.The General Manager, Tamilnadu State Transport Corporation (Kumbakonam) Limited, Maruthupandi, Karaikudi.

3.The Administrator, Tamilnadu State Transport Corporation Employees' Pension Fund Trust, Office of SETC, Pallavan Salai, Chennai - 600 002.

+1cc to Mr.K.S.Muthu, Advocate, SR.No.70400.

+1cc to Mr.D.Sivaraman, Advocate, SR.No.70458. W.P(MD)No.13846 of 2018 arul RAM/SKN RSK/SAR 2/16.07.2018/3P/6C