Madras High CourtWP(MD)/1369/2019disposed of

K.Suresh Kumar, v. The State Of Transport

2019-08-06Honourable Mr Justice D. Krishnakumar2 pages

WP(MD) No.1369 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P(MD).No. 1369 of 2019 K. Sureshkumar : Petitioner Vs.

1. The State of Transport Corporation Represented by its Assistant General Manager (Account Section), Division No.III, Ranithottam, Nagarcoil.

2. The General Manager, State Transport Corporation, Division No.III, Ranithottam, Nagarcoil.

: Respondents PRAYER : This Writ Petition is filed under Article 226 of the Constitution of India for issuing a Writ of Mandamus, directing the respondents to pay the petitioner the outstanding gratuity amount and other retirement benefits by considering his representation, dated 24.12.2018.

For Petitioner : Mr.G.V.Vairam Santhosh For Respondents : Mr.K.Sathiyasingh Standing Counsel

ORDER

This Writ Petition has been filed seeking direction to the respondents to pay the petitioner's retirement benefits by considering his representation, dated 24.12.2018.

2. Mr. K. Sathiyasingh, learned Standing Counsel takes notice for the respondents. By consent of both parties, the instant writ petition is taken up for final disposal at the stage of admission itself.

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WP(MD) No.1369 of 2019

3. The grievance of the petitioner is that he joined as Conductor in Tamilnadu State Transport Corporation on 15.11.1995 and due to his health condition, he resigned his job voluntary on 31.05.2018. On 11.07.2018, he has received a copy of order from the second respondent by stating that he is qualified to get compensation for 3 years and 7 months and all retirement benefits. He sent representation, dated 24.12.2018 to the second respondent, but no retirement benefit has been settled. Hence, the instant writ petition is filed.

4. Though this petition has been filed seeking for a positive direction against the respondents, according to the learned counsel appearing for the petitioner, the petitioner is satisfied, if a direction is issued to the second respondent, to consider the representation of the petitioner, within the time as fixed by this Court.

5. The learned Standing counsel appearing for the respondents has submitted that the representation of the petitioner will be considered on merits, within a reasonable period.

6. Having regard to the limited scope of the prayer, that is now sought before this Court by the learned counsel appearing for the petitioner, this Court, directs the petitioner to make a representation within a period of One(1) week from the date of receipt of copy of this order to the second respondent. If any such representation made before the second respondent the same shall be considered on merits and in accordance with law, and pass necessary orders, within a period of Four (4) weeks, thereafter.

7. With the above directions, this Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar(CS-II) /TRUE COPY/ Sub Assistant Registrar To +1 CC to M/s.G.V.VAIRAM SANTHOSH, Advocate ( SR-80615[F] dated 08/08/2019 ) W.P(MD).No. 1369 of 2019 06.08.2019 ksa JM/04.09.2019/2P/2C https://hcservices.ecourts.gov.in/hcservices/ 2/2