M.Subramanian, S/O.Manickam, v. The Management Of T.N.S.T.C.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :26.02.2019
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN WP(MD)No.18994 of 2018 and WMP(MD)Nos.16831 and 16832 of 2018 M.Subramanian ... Petitioner Vs.
1.The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Represented by its Managing Director, Kumbakonam.
2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Karur Region, Karur.
3.The Administrator, Tamil Nadu State Transport Employees'
Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai - 2.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus after calling for the records relating to the impugned order of the 2nd respondent passed in Ref.TNSTC/Trichy/PaPi-Pi1/2451/2018 dated 31.07.2018, quash the same and consequently to direct the respondents to settle and pay all the terminal and pension benefits of the petitioner with 18%interest p.a. and within a time. For Petitioner : Mr.S.Arunachalam For R-1 & R-2 : Mr.D.Sivaraman For R-3 : Mr.AP.Muthupandian
ORDER
This writ petition has been filed seeking to quash the impugned order passed by the 2nd respondent in Ref.TNSTC/Trichy/PaPiPi1/2451/2018 dated 31.07.2018 and consequently, to direct the respondents to pay all the terminal and pension benefits.
2.When the matter has been taken up for hearing, the learned Counsel appearing for the petitioner and the learned Standing Counsel appearing for the 1st and 2nd respondents, submitted that after filing of the present writ petition, on the disciplinary proceedings initiated against the petitioner, final orders have been passed, by the 2nd respondent in Tha.A.Po.Ka/Kum/Karur/DS1/D/5388/2018 dated 18.01.2019, which, according to the petitioner, will not be challenged and hence, he prayed for necessary direction to the respondents to pass orders in the light of the same.
3.The learned Standing Counsel appearing for the respective respondents submitted that the claim of the petitioner would be considered accordingly.
4.Under such facts and circumstances of the case, this Court, without going into the merits of the petitioner's case, directs the 1st and 2nd respondents, to consider the petitioner's representation dated 25.01.2019 on merits and in accordance with law and also in line with the proceedings cited supra and pass appropriate orders, after affording opportunity of hearing to the petitioner. Such an exercise shall be carried out within a period of eight weeks from the date of receipt of a copy of this order. 6.With the above direction, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(CS-II) // True Copy // Sub Assistant Registrar(CS ) dsk To 1.The Managing Director, The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam.
2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, karur Region, Karur.
3.The Administrator, Tamil Nadu State Transport Employees'
Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai - 2.
+1cc to Mr.S.Arunachalam, Advocate in SR No.50067 +1cc to Mr.D.Sivaraman, Advocate in SR No.50073 WP(MD)No.18994 of 2018 NM/PS/03.05.2019/3P/6C