A.Maria Vincent, S/O.Anabias v. The General Manager,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.06.2017
CORAM
THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).No. 10918 of 2017 A.Maria Vincent ..Petitioner Vs.
1. The General Manager, State Express Transport Corporation (Tamilnadu) Ltd., Pallavan Salai, Chennai - 600 002.
2. The Administrator, Tamil Nadu State Transport Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 2.
.. Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to pay the terminal benefits amount payable to the petitioner including 18% interest for the belated payment of Gratuity and further directing the second respondent to pay the arrear amount of the pension commutation together with 18% interest per annum within a time frame as may be fixed by this Court.
For Petitioner : Mr.R.Murugan For Respondents : Mr.K.Sathiya Singh, Standing Counsel for T.N.S.T.C., ***
O R D E R
This Writ petition has been filed by the petitioner for issuance of a Writ of Mandamus, directing the first respondent to pay the terminal benefits amount payable to the petitioner including 18% interest for the belated payment of Gratuity and further directing the second respondent to pay the arrear amount of the pension commutation together with 18% interest per annum within a time frame as may be fixed by this Court.
2. Heard, Mr.R.Murugan, learned counsel appearing for the petitioner and Mr.K.Sathiya Singh, learned Standing Counsel for T.N.S.T.C., appearing for the respondents.
3.
Mr.K.Sathiya Singh, learned Standing Counsel for T.N.S.T.C., takes notice for the respondents. By consent, the Writ petition itself is taken up for final disposal. https://hcservices.ecourts.gov.in/hcservices/
4. Though the Writ petition is for issuing a Writ of Mandamus to give a positive direction to the respondents, the learned counsel for the petitioner submit that the petitioner will be satisfied if a direction is issued to the respondents to consider the representation of the petitioner, dated 22.04.2017 and pass appropriate orders on merits within the stipulated time fixed by this Court.
5. Having regard to the limited scope of the prayer in the Writ petition, without expressing any opinion on the merits of the petitioner's case, this Court is inclined to issue the following direction:- "The respondents are directed to consider the representation of the petitioner, dated 22.04.2017, and pass appropriate orders 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. Accordingly, the Writ petition is disposed of. No costs. Sd/- Assistant Registrar(Writs) / True Copy / Sub Assistant Registrar(C.S.) To
1. The General Manager, State Express Transport Corporation (Tamilnadu) Ltd., Pallavan Salai, Chennai - 600 002.
2. The Administrator, Tamil Nadu State Transport Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 2. +1 CC TO MR.R.MURUGAN, ADVOCATE, SR NO.60026 +1 CC TO MR.K.SATHIYA SINGH, ADVOCATE, SR NO.59862 PMU MAS/JC/SAR2:20.06.2017:2P-5C ORDER MADE IN W.P.(MD).No. 10918 of 2017 13.06.2017 https://hcservices.ecourts.gov.in/hcservices/