The Management Of v. K. Gunasekaran

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.A.[MD].No.270 of 2017 and C.M.P.(MD).No.2765 of 2017 1.The Management of Tamil Nadu State Transport Corporation (Madurai) Ltd, Rep by its Managing Director, Bye-pass Road, Madurai 10.

2.The General Manager, The Tamil Nadu State Transport Corporation [Madurai] Ltd, Madurai Region, Madurai.

: Appellants/Respondents Vs.

1.K.Guansekaran

...Respondent/Petitioner

2.The Administrator, The Tamil Nadu State Transport Corporation Employees pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai 600 002.

: Respondent/Respondent PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent against the order dated 12.04.2016 made in W.P.(MD).No.20982 of 2014, on the file of this Court.

Prayer in WP(MD). 20982/ 2014 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue writ of Mandamus directing the respondents to sanction and grant superannuation pension to the petitioner by taking his entire service from the date of his original apppointment to the date of superannuation i.e., from March 1977 to 31.3.2014 as pensionable service and consequently direct the respondents to pay him monthly pension, gratuity, commuted value of pension,leave salary and all all other attendant benefits with arrears payable to him with effect from 01.04.2014 together with suitable rate of interest payable from 1.4.2014 to till the date of actual payment after adjusting Employer's Provident Fund contribution payable for the

period of non-employment from his terminal benefits . For Appellant : Mr.A.Jeyaram Standing Counsel For Respondent No.1 : Mr.A.Rahul

JUDGMENT

[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.] Heard Mr.A.Jeyaram, learned Standing Counsel for the appellant and Mr.A.Rahul, learned counsel appearing for the first respondent. By consent, the Writ Appeal is taken up for final disposal at the stage of admission itself.

2. This Writ Appeal is directed against the order dated 12.04.2016 made in W.P.(MD).No.20982 of 2014.

3. The learned Standing Counsel for the appellant contended that there are two directions issued by the Writ Court, namely, to consider the service of the first respondent/Writ Petitioner for the admitted period and give pension to him and the second direction issued by the Writ Court is regarding the continuity of service, for which the first respondent/Writ Petitioner was granted liberty to make a representation to the second appellant herein. It appears that insofar as the second portion of the relief is concerned, in the representation given by the first respondent/Writ Petitioner, an order has been passed by the second appellant herein, which has been challenged by the first respondent/Writ Petitioner by filing a separate Writ Petition in W.P.(MD).No.3059 of 2017 and the same is pending. Insofar as the first relief is concerned, the learned Standing Counsel for the appellants would submit that the disbursement of pension for the admitted period will be done within a period of four weeks from the date of receipt of a copy of this Judgment.

4. Recording the above, the Writ Appeal is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(Records) /True copy/ Sub Assistant Registrar To 1.The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Ltd, Bye-pass Road, Madurai 10.

2.The General Manager, The Tamil Nadu State Transport Corporation [Madurai] Ltd,Madurai Region, Madurai.

3.The Administrator, The Tamil Nadu State Transport Corporation Employees Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai 600 002.

JUDGMENT MADE IN W.A.[MD].No.270 of 2017 24.03.2017 JM/RSK/SAR 2/28.03.2017/3P/4C