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Madras High CourtWMP(MD)/4062/2016allowed

S.Ramaiah Retd Driver No.3236 v. The Secretary To The

2016-08-08Honourable Mr Justice K.K. Sasidharan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Monday, the Eighth day of August Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice K.K.SASIDHARAN WMP(MD) Nos.4062,3862,3863 TO 3871 of 2016 IN WP(MD) Nos.3982,3980,3981,3983 to 3990 of 2011 S.RAMAIAH ... Petitioner in WMP(MD)No. 4062/2016 A.SYED ... Petitioner in WMP(MD)No. 3862/2016 M.VARADHARAJAN ... Petitioner in WMP(MD)No. 3863/2016 A.BADRUL ISLAM ... Petitioner in WMP(MD)No. 3864/2016 M.SUBBIAH ... Petitioner in WMP(MD)No. 3865/2016 P.BALAKRISHNAN ... Petitioner in WMP(MD)No. 3866/2016 K.ALWAR ... Petitioner in WMP(MD)No. 3867/2016 M.VASUDEVAN ... Petitioner in WMP(MD)No. 3868/2016 S.PALCHAMI ... Petitioner in WMP(MD)No. 3869/2016 P.BALAKRISHNAN ... Petitioner in WMP(MD)No. 3870/2016 A.VISWANATHAN ... Petitioner in WMP(MD)No. 3871/2016 Vs 1 THE SECRETARY TO THE GOVERNMENT OF TAMILNADU, TRANSPORT DEPARTMENT, CHENNAI.

2 THE MANAGING DIRECTOR, STATE EXPRESS TRANSPORT CORPORATION LIMITED, PALLAVAN SALAI, CHENNAI-2.

3 THE BRANCH MANAGER, STATE EXPRESS TRANSPORT CORPORATION LIMITED , MADURAI.

... RESPONDENTS IN WMP(MD) No.4062,3862,3863 TO 3871 of 2016 Prayer in WMP(MD)No.4062/2016: Petition praying that in the No.3982/11 dated 06.12.13 dismissed for default on the file of this Prayer in WP(MD)No.3982/ 2011 : Writ Petition is filed under Article pension as per the GO 212 dated 28/03/74 issued under the Madras exercised by him thereupon and pass such further other orders as this Honourable Court may deem fit and proper and thus render

Prayer in WMP(MD)No. 3862/ 2016 : Petition praying that in the No.3980/11 dated 06.12.13 dismissed for default on the file of this Prayer in WP(MD)No. 3980/ 2011 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To Prayer in WMP(MD)No. 3863/ 2016 : Petition praying that in the No.3981/11 dated 06.12.13 dismissed for default on the file of this Prayer in WP(MD)No. 3981/ 2011 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To petitioner pension as per the G.O.212 dated 28.03.74 issued under the Madras Liberalised Pension Rules 1960 with arrears by giving up the option exercised by him thereupon.

Prayer in WMP(MD)No. 3864/ 2016 : Petition praying that in the No.3983/11 dated 06.12.13 dismissed for default on the file of this Prayer in WP(MD)No. 3983/ 2011 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To petitioner pension as per the G.O.212 dated 28.03.74 issued under the Madras Liberalised Pension Rules 1960 with arrears by giving up the option exercised by him thereupon.

Prayer in WMP(MD)No. 3865/ 2016 : Petition praying that in the No.3984/11 dated 06.12.13 dismissed for default on the file of this Honble Court and restore the same .

Prayer in WP(MD)No. 3984/ 2011 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To

Prayer in WMP(MD)No. 3866/ 2016 :Petition praying that in the No.3985/11 dated 06.12.13 dismissed for default on the file of this Prayer in WP(MD)No. 3985/ 2011 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To petitioner pension as per the G.O.212 dated 28.03.74 issued under the Madras Liberalised Pension Rules 1960 with arrears by giving up the option exercised by him thereupon.

Prayer in WMP(MD)No. 3867/ 2016 : Petition praying that in the No.3986/11 dated 06.12.2013 dismissed for default on the file of this Honble Court and restore the same .

Prayer in WP(MD)No. 3986/ 2011 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To Prayer in WMP(MD)No. 3868/ 2016 : Petition praying that in the No.3987/11 dated 06.12.2013 dismissed for default on the file of this Honble Court and restore the same.

Prayer in WP(MD). 3987/ 2011 : Writ Petition is filed under Article pension as per the G.O.212 dated 28.03.74 issued under the Madras exercised by him thereupon.

Prayer in WMP(MD)No. 3869/ 2016 : Petition praying that in the No.3988/11 dated 06.12.2013 dismissed for default on the file of this Honble Court and restore the same.

Prayer in WP(MD)No. 3988/ 2011 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To

Prayer in WMP(MD)No.3870/ 2016 : Petition praying that in the No.3989/11 dated 06.12.2013 dismissed for default on the file of this Honble Court and restore the same.

Prayer in WP(MD). 3989/ 2011 : Writ Petition is filed under Article pension as per the G.O.212 dated 28.03.74 issued under the Madras exercised by him thereupon.

Prayer in WMP(MD)No.3871/ 2016 : Petition praying that in the No.3990/11 dated 06.12.13 dismissed for default on the file of this Prayer in WP(MD)No.3990/ 2011 : Writ Petition is filed under Article pension as per the GO 212 dated 28/03/74 issued under the Madras exercised by him thereupon and pass such further other orders as this Honourable Court may deem fit and proper and thus render ORDER : These petitions is coming on for orders on this day and upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of M/S R.VENKATESWARAN, Advocate for the petitioner and of MR.AAYIRAM K.SELVAKUMAR, Government Advocate for R1 and MR.S.BASKARAN, Advocate for RR2 & 3 the court made the following order:- Heard the learned counsel for the petitioner. None appears on behalf of the second and third respondents. In view of the reasons found mentioned in the affidavit filed in support of the applications, these petitions are ordered and the writ petitions are restored to file.

sd/- Assistant Registrar(CS-II) / TRUE COPY / Sub-Assistant Registrar

TO 1 THE SECRETARY TO THE GOVERNMENT OF TAMILNADU, TRANSPORT DEPARTMENT, CHENNAI.

2 THE MANAGING DIRECTOR, STATE EXPRESS TRANSPORT CORPORATION LIMITED, PALLAVAN SALAI, CHENNAI-2.

ORDER DATED : 08.08.2016

ORDER

WMP(MD) Nos.4062,3862,3863 TO 3871 of 2016 IN WP(MD) Nos.3982,3980,3981, 3983 to 3990 of 2011 Giving direction etc., as stated within.

CSL/KP/SAR-I/17.08.2016: 5P/3C