M.Thanumoorthy v. The General Manager
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.02.2017
CORAM
THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD) No.1796 of 2017 M.Thanumoorthy ... Petitioner Vs.
1.The General Manager, Tamil Nadu State Transport Corporation Limited, Tirunelveli.
2.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund, Thiruvalluvar Illam, Pallavan Salai, Chennai-2.
.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus,directing the respondents to consider and dispose of the Petitioner's representation dated 3.1.2017 within the time fixed by this Court. For Petitioner :
M/s.D.Geetha For Respondent-1 :
Mr.K.Sathiya Singh Standing Counsel For Respondent-2 : Mr.A.P.Muthupandian, Standing Counsel *****
O R D E R
This Writ Petition has been filed, seeking a direction to the respondents to consider and dispose of the Petitioner's representation dated 3.1.2017 within the time fixed by this Court. 2.Mr.K.Sathiya Singh learned Standing counsel takes notice for R1 and Mr.A.P.Muthupandian, learned Standing Counsel takes notice for the second respondent. By consent of both parties, the Writ Petition itself is taken up for final disposal at the admission stage itself.
https://hcservices.ecourts.gov.in/hcservices/ 3.The Petitioner submitted that he joined service as Driver in the respondents Corporation in the year 1981 and he was
terminated from service in the year 1987 pursuant to an award passed by the Labour Court by order, dated 10.09.1991 and the Petitioner was reinstated into service with continuity of service but without back wages. While reinstating the Petitioner on 20.12.1991, it has been mentioned that ''He is reinstated into service with continuity of service but without back-wages''.The Petitioner submitted that he has made a representation before the authorities concerned for payment of terminal benefits. 4.Mrs.D.Geetha, learned counsel appearing for the Petitioner submitted that for the non-employment period, the petitioner is ready to contribute his portion of Provident Fund due to be payable to the second respondent/Pension Fund Trust so that the employer may extend pensionary benefits to the Petitioner.
The word continuity of service has been interpreted in number of judgements and entire service during which the employee was not in service will have to be taken into account for the purpose of calculating the terminal benefits. As the Petitioner has made a representation and that it is represented by the learned counsel for the petitioner that the petitioner is ready to contribute his share of provident fund for his non-employment period to get pension, it is open to the respondents to consider the representation and pass appropriate orders within the time stipulated by this Court. 5.In view of the submission, the respondents concerned is directed to consider the representation of the petitioner, dated 3.1.
2017 and to pass appropriate orders on the same in accordance with law, within a period of one month from the date on which a copy of this order is made ready, preferably on or before 03.03.2017, if there is no other legal impediment to do so. 6.With the above direction the Writ Petition stands disposed of. No costs.
Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To:
1.The General Manager, Tamil Nadu State Transport Corporation Limited, Tirunelveli.
2.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund, Thiruvalluvar Illam, Pallavan Salai, Chennai-2.
+1cc to Mr.K.SATHIYA SINGH Advocate in SR.No.6114 +1cc to Mr.D.GEETHA Advocate in SR.No.5741 VSN JS/BS/13.02.2017/3P-5C W.P.(MD) No.1796 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 02.02.2017