Madras High CourtWP(MD)/13100/2020dismissed as abated

Muthusrinivasan v. The Managing Director

2023-01-09Honourable Mr Justice M.Dhandapani5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.01.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Muthusrinivasan : Petitioner Vs.

1. The Managing Director Tamilnadu State Transport Corporation No.27 Railway Station, Kumbakonam - 612 001, Thanjavur District.

2 The General Manager Tamilnadu State Transport Corporation Pudukottai Region, Pilaithanneerpandal, Pudukottai.

3 The Administator The Tamilnadu State Transport Corporation Corporation Employees Pension, Pallavan Salai, Chennai - 2.

: Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus to call for the records pertaining to the impugned rejection orders passed by the 2nd respondent in Paarvai- Tha.Po.Ka/Pudhu/sadhu/S.M/132 dated 18-08-2020 and quash the same as illegal and consequently directing the respondents to refix the petitioners gratuity amount with interest for the period of 1984 to 1986 to the the petitioner based on the petitioners representation, dated 14-02-2020.

For Petitioner : Mr.A.Purantharadhas For Respondents : Mr.P.M.Vishnuvarthan

O R D E R

This writ petition has been filed to quash the impugned rejection orders passed by the 2nd respondent in PaarvaiTha.Po.Ka/Pudhu/sadhu/S.M/132 dated 18-08-2020 and consequently directing the respondents to refix the petitioner's gratuity amount with

interest for the period of 1984 to 1986 to the the petitioner based on the petitioner's representation, dated 14-02-2020.

2. The learned counsel for the petitioner would submit that the petitioner filed a writ petition for disbursement of retirement benefits and the same was not considered and hence, they passed the present impugned order due to Covid-19, the Transport Corporation sustained loss and thereby, they are not able to pay the terminal benefits. Challenging the same, the present writ petition is filed.

3. However, during the pendency of the writ petition the respondent Corporation disbursed the eligible terminal benefits to the petitioner vide order, dated 07.01.2023.

4. In view of the above, nothing survives for further adjudication. However, liberty is granted to the petitioner to take steps to recover the difference amount, if any in the manner known to law.

5. With the above observation, this writ petition is dismissed. No costs.

09.01.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No RM

M.DHANDAPANI, J.

RM 09.01.2023