Madras High CourtWP(MD)/1514/2017disposed of

A.Pitchaiah v. The Managing Director

2019-03-19Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.03.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.1514 of 2017 A.Pitchaiah ... Petitioner vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Ltd., Bye-pass Road, Madurai.

2.The Administrator, Tamil Nadu State Transport Corporation Employees' Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai - 2.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to pay petitioner monetary benefits forthwith basic pay amount taking into account the period from 27.07.2001 to 31.05.2011 for calculating the differential basic pay amount Rs.1,90,000/- differential pension amount Rs.3,58,060/- which is effect from 31.05.2011 different in gratuity amount Rs.6,762/- and pay the back wages from 21.12.1994 to 27.07.2001 amount Rs.2,08,880/-benefits are all the above as per the award dated 29.01.2001 passed in I.D.No.189 of 1995 by the Labour Court, Thirunelveli as confirmed by the Madras High Court in W.P.No.18300 of 2001 and also refund the amount of Rs.35,000/- which was recovered by the first respondent with reasonable rate of interest.

For Petitioner : Mr.S.Muthuvinayagam For R1 : Mr.A.Jayaram For R2 : Mr.A.P.Muthupandian

ORDER

Seeking a direction to the respondents to disburse the pensionary benefits, the petitioner is before this Court. 2.Heard the learned counsel appearing for the petitioner and the learned Standing Counsel for the respondents. https://hcservices.ecourts.gov.in/hcservices/

3.According to the learned counsel for the petitioner, the petitioner, who served as a Selection Grade Driver in the office of the first respondent Corporation, retired from service on 31.05.2011. During service, he was dismissed from service. After prolonged litigations and legal battle, the petitioner succeeded and pursuant to the orders of the Courts, he made a representation dated 28.11.2016, seeking disbursement of retirement benefits and the same has not been considered so far. Hence, the petitioner is before this Court.

4.The learned Standing Counsel appearing for the respondents submitted that the case of the petitioner would be considered on merits and the eligible amount would be settled by the respondents within a period of eight weeks. 5.Recording the above submission, this writ petition is disposed of directing the respondents to settle the amount due to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) To 1.The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Ltd., Bye-pass Road, Madurai.

2.The Administrator, Tamil Nadu State Transport Corporation Employees' Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai - 2.

+1 CC to M/s.S.MUTHUVINAYAGAM, Advocate ( SR-55459[F] dated 20/03/2019 ) MJ W.P(MD) No.1514 of 2017 19.03.2019 KM/(10.04.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/