Madras High CourtWP(MD)/16221/2018disposed of

G.Vasu, v. The State Express Transport

2018-07-25Honourable Mr Justice R. Suresh Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.07.2018

CORAM

THE HON'BLE Mr.JUSTICE R.SURESH KUMAR W.P.(MD) No.16221 of 2018 G.Vasu ... Petitioner -vs1.The State Express Transport Corporation Ltd., Represented by its Managing Director, Pallavan Salai, Chennai-2.

2.The Administrator, The State Express Transport Corporation Pension Trust, Thiruvalluvar illam, Pallavan Salai, Chennai-2.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the respondents to settle petitioner's retirement benefits including Gratuity, Pension, 3rd review arrears for a period from 02.10.1981 to 15.06.1987, JJ pension for 13 years and 18% interest for the settled retirement benefits payable to the petitioner within the time that may be stipulated by this Court.

For Petitioner : Mr.G.M.Xavier For Respondents : Mr.K.Sathiya Singh Standing Counsel for TNSTC

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 petitioner's retirement benefits including Gratuity, Pension, 3rd review arrears for the period from 02.10.1981 to 15.06.1987, JJ pension for 13 years and 18% interest payable to him.

2.Heard Mr.G.M.Xavier, learned counsel appearing for the petitioner and Mr.K.Sathiya Singh,Standing Counsel appearing for the respondents.

3.The learned counsel appearing for the petitioner would submit that the petitioner joined as Trades Man at the respondent / Corporation on 02.10.1981. While he was in service, he was retrenched. As against which, he approached Labour Court and https://hcservices.ecourts.gov.in/hcservices/

pursuant to the order of the Labour Court, he was reinstated and with regard to the period on which he retrenched i.e. from 2.10.1981 to 15.06.1987, he was eligible to get JJ pension and in this regard, the petitioner has given representation on 14.3.2017 and the said representation has not been considered and hence, the petitioner is before this Court. The learned counsel would further submit that if the said representation is considered and passed orders on merits, the petitioner would be satisfied.

4.I have heard Mr.K.Sathiya Singh, learned Standing counsel appearing for the respondent, who would submit that the representation of the petitioner dated 14.03.2017 would be considered on merits and in accordance with law, within a time frame.

5.Considering the submissions made by both sides, as the prayer sought for is only a limited relief, this Writ Petition will be disposed of by passing following orders:- The respondents are directed to consider the representation of the petitioner, dated 14.03.2017 and pass orders therein on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

6.With these directions, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar(CS-IV) gns +1cc to G.M.Xavier, Advocate in SR No.75166 +1cc to K.Sathiya Singh, Advocate in SR No.75114 W.P.(MD) No.16221 of 2018 NM/SV/SAR IV/31.10.18/2P/3C https://hcservices.ecourts.gov.in/hcservices/