K.Thangavel v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.07.2018

CORAM:

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.1 K.Thangavel

...Petitioner

Vs.

The Managing Director, Tamil Nadu State Transport Corporation, Madurai, Madurai District.

... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to grant pension and other service benefits for petitioner's 22 years service in the Respondent Office by considering his representation dated 5.5.2018 within the period as stipulated by this Court. For Petitioner : Mr.A.Haja Mohideen For Respondent : Mr.A.P.Muthupandian, Standing counsel for TNSTC

O R D E R

The prayer sought for in the Writ Petition is for a Writ of Mandamus, directing the respondent to grant pension and other service benefits for petitioner's 22 years service in the respondent office by considering his representation dated 5.5.2018 within the period as stipulated by this Court.

2. Heard Mr.A.Haja Mohideen, learned counsel appearing for the petitioner and Mr.A.P.Muthupandian, learned standing counsel appearing for the respondent TNSTC.

3. Learned counsel appearing for the petitioner would submit that the petitioner joined as apprenticeship on 08.10.1973 and thereafter, he was observed on regular basis as Helper / Tinker from 14.03.1977 and his service was confirmed on 31.03.1978. Thereafter, he got promotion as Technician on 26.10.1990 and after working for several years, because of his health conditions, the petitioner was permitted to go on Voluntary Retirement Service (VRS) from https://hcservices.ecourts.gov.in/hcservices/

31.05.1997 and by thus, the petitioner has rendered 22 years of unblemished service to the respondent Corporation.

4. Even though the petitioner has rendered such long service to the respondent Corporation, he had not been considered for pensionary benefits and only on exgratia, monthly allowance of Rs.1,000/- per month was given. Similarly placed persons are granted pension and therefore, in this regard, the petitioner has given a representation to the respondent Corporation on 05.05.2018 and if the said representation is directed to be considered on merits and in accordance with law and an order is passed to that effect within a time frame, that may be fixed by this Court, the petitioner would be satisfied.

5. I have heard learned standing counsel appearing for the respondent TNSTC, who would submit that the said representation of the petitioner dated 05.05.2018 would be considered on merits and in accordance with law and an order would be passed within a time frame that may be fixed by this Court.

6. Considering the limited scope of the Writ petition, this Court is inclined to pass the following orders:- "that the respondents are directed to consider the representation of the petitioner dated 05.05.2018 on merits and in accordance with law and pass orders thereon, within a period of six weeks from the date of receipt of a copy of this order."

7. With this direction, this Writ Petition is disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS-IV) To The Managing Director, Tamil Nadu State Transport Corporation, Madurai,Madurai District.

+1 CC To MR.A.HAJA MOHIDEEN, Advocate SR. NO. 75101 Order made in W.P.(MD)No.16350 of 2018 STS 26.07.2018 TR/SV/SAR-IV(27.10.2018)2P 3C https://hcservices.ecourts.gov.in/hcservices/