Madras High CourtWP(MD)/17204/2018disposed of

P.Rajinikanthan v. The Management

2018-08-02Honourable Mr Justice R. Suresh Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.08.2018

CORAM:

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.17204 of 2018 and W.M.P(MD) No.15169 of 2018 P.Rajinikanthan ... Petitioner Vs

1) The Management, Rep., by its General Manager, Division - 3, Madurai (Nagercoil)

2) The General Manager, Nagercoil Region, Ranithottam Branch III, Nagercoil, Kanyakumari District

3) The Branch Manager, Nagercoil Region, Ranithottam Branch III, Nagercoil, Kanyakumari District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 and 2 to disburse the pension arrears of salary and arrears of gratuity eligible to petitioner with interest and other consequential benefits within the time stipulated by this Court. For Petitioner : Mr.T.Aswin Rajasimman For Respondents : Mr.K.Sathiyasingh, Standing Counsel

O R D E R

The prayer sought for in this Writ Petition is for a Writ of Mandamus directing the respondents 1 and 2 to disburse the pension arrears of salary and arrears of gratuity, eligible to the petitioner with interest and other consequential benefits within the time stipulated by this Court.

2. Heard Mr.T.Aswin Rajasimman, learned counsel appearing for the petitioner and Mr.K.Sathiyasingh, learned standing counsel appearing for the respondents.

3. Learned counsel appearing for the petitioner would submit that, the petitioner had been working as Driver in the respondent Corporation and on superannuation, he retired from service on 31.05.2017. On retirement, though his Provident Fund and Gratuity were settled, his pensionary benefits are yet to be settled. Therefore, the petitioner in this regard has given a representation on 15.07.2017.

4. Learned counsel appearing for the petitioner would submit that if the representation of the petitioner dated 15.07.2017 is considered on merits and in accordance with law and an order to that effect is directed to be passed by the respondents, the petitioner would be satisfied.

5. I have heard Mr.K.Sathiyasingh, learned standing counsel appearing for the respondents, who would submit that, the said representation of the petitioner dated 15.07.2017 would be considered on merits and in accordance with law and order to that effect would be passed within a time frame.

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 15.07.2017 and pass orders thereon on merits and in accordance with law, 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. Consequently, connected W.M.P(MD) No.15169 of 2018 is closed. Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS-I) To

1) The General Manager, Management, Division - 3, Madurai (Nagercoil)

2) The General Manager, Nagercoil Region, Ranithottam Branch III, Nagercoil, Kanyakumari District

3) The Branch Manager, Nagercoil Region, Ranithottam Branch III, Nagercoil, Kanyakumari District +1 CC To MR.K.SATHIYA SINGH, Advocate SR. NO. 77334 Order made in W.P.(MD)No.17204 of 2018 02.08.2018 STS TR/SKN/SAR-I(27.10.2018)3P 5C