R.Maruthanayagam Staff No.87 v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.03.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).Nos.4099 of 2017 R.Maruthanayagam, Staff No.87 DR 2148/4544, (Special Grade Driver-Retd.,) S/o. M.Ramasamy, Door No.58, 1st Floor, Srinivasapuram,Karur Town, Karur Taluk & District - 637 001. ..Petitioner Vs.

1.The Secretary to Government, Transport Department, Tamil Nadu Government, St. George Fort, Chennai - 600 009.

2.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd.,Railway Station Road, Kumbakonam, Thanjavur District.

3.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Karur Region, Karur.

4.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thirvalluvar House, Pallvan Salai, Chennai - 600 002.

.. Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents Corporation to settle Post Retired Benefit Scheme (PRBS) amount of Rs.1,000/- per month to the petitioner from June 2016 to till date with reasonable interest within the time frame that may be stipulated by this Court.

For Petitioner : Mr.N.Sudhagar Nagaraj For R-1 : Mr.C.Selvaraj Special Government Pleader For R-2 & R-3 : Mr.D.Sivaraman

For R-4 : Mr.A.P.Muthupandian Standing Counsel

O R D E R

This Writ petition has been filed by the petitioner for issuance of a Writ of Mandamus, directing the respondents Corporation to settle Post Retired Benefit Scheme (PRBS) amount of Rs.1,000/- per month to the petitioner from June 2016 to till date with reasonable interest within the stipulated time.

2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the first respondent and the learned counsel appearing for the respondents 2 and 3 and the learned Standing Counsel appearing for the fourth respondent.

3. Mr.C.Selvaraj, learned Special Government Pleader, takes notice for the first respondent and Mr.D.Sivaraman, learned counsel takes notice for the respondents 2 and 3 and Mr.A.P.Muthupandian, learned Standing Counsel, takes notice for the fourth respondent. By consent, the Writ petition itself is taken up for final disposal.

4. Though the Writ petition is for issuing a positive direction, 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 20.02.2017.

5. Considering the limited scope of the request of the learned counsel for the Writ petitioner, without expressing any opinion on the merits of the matter, this Court is inclined to issue the following direction:- "The respondents are directed to consider the representation of the petitioner, dated 20.02.2017, and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order."

5. Accordingly, the Writ petition is disposed of. No costs. Sd/- Assistant Registrar (C.S-II) /True copy/ Sub Assistant Registrar

To The Secretary to Government, Transport Department, Tamil Nadu Government, St. George Fort, Chennai - 600 009.

+1. CC to M/S.D.SIVARAMAN, Advocate SR.No. 14283 +1. CC to M/S.N.SUDHAGAR NAGARAJ, Advocate SR.No.14184 ORDER MADE IN W.P.(MD).Nos.4099 of 2017 10.03.2017 JM/SV MMS/23.03.2017/3P/4C