Tamil Nadu State Transport Corporation (Kumbakonam)Ltd v. A.Somasundaram

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty Sixth day of September Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice P.VELMURUGAN and The Hon`ble Mr.Justice K.K. RAMAKRISHNAN C.M.P(MD)Nos.11277, 11279, 11280 & 11283 of 2024 in WA(MD)SRNos.51291 to 51293 & 51213 of 2024 1 TAMIL NADU STATE TRANSPORT CORPORATION (KUMBAKONAM)LTD, REP. BY ITS MANAGING DIRECTOR, KUMBAKONAM.

2 THE GENERAL MANAGER, THE TAMIL NADU STATE TRANSPORT CORPORATION (KUMBAKONAM) LTD, PUDUKOTTAI REGION, PUDUKOTTAI.

... PETITIONERS/APPELLANTS in ALL THE PETITIONS Vs 1 A.SOMASUNDARAM 2 THE ADMINISTRATOR, THE TAMIL NADU STATE TRANSPORT CORPORATION, EMPLOYEES PENSION FUND TRUST, THIRUVALLUVAR ILLAM, PALLAVAN SALAI, CHENNAI-600002. ... RESPONDENTS/RESPONDENTS in ALL THE PETITIONS Civil Miscellaneous petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to 1/5

condone the delay of 62 days in prefeering the writ appeal against order passed in W.P.(MD).No.26273 of 2023 dated 12-02-2024.

PRAYER in WA(MD)SRNos.51291 of 2024:

Writ Appeal filed under Clause 15 of Letters Patent, to allow the Writ Appeal by setting aside the Common Order made in W.P(MD)No.26273 of 2023 dated 12.02.2024 on the file of this Hon'ble Court. Prayer in WP(MD). 26273/ 2023 :

PUD/DS-/1953 / AEMO57/D2-224/2022 dated 30.06.2022 as confirmed by the 1st respondent in Ref. No. TNSTC / KUMBA / PUDU / DS/D2/224/2022 dated consequently direct the respondents to quantify and pay the difference in salary and difference in terminal benefits to the petitioner together with interest at 6% per annum from the date of his retirement to till the date of disbursement. Prayer in CMP(MD). 11279/ 2024 :

To condone the delay of 62 days in prefeering the writ appeal against order passed in W.P.(MD).No.26272 of 2023 dated 12-02-2024 and thus render justice. PRAYER in WA(MD)SRNos.51292 of 2024:

Writ Appeal filed under Clause 15 of Letters Patent, to allow the Writ Appeal by setting aside the Common Order made in W.P(MD)No.26272 of 2023 dated 12.02.2024 on the file of this Hon'ble Court. Prayer in WP(MD). 26272/ 2023 :

PUD/DS-/1971 / AEMO57/D2-234/2022 dated 19.07.2022 as confirmed by the 1st respondent in Ref. No. TNSTC / KUMBA / PUDU / DS/D2/234/2022 dated 2/5

consequently direct the respondents to treat the period of suspension from 24.05.2022 to 06.06.2022 as duty wages and further directing the respondent to quantify and pay the difference in salary and difference in terminal benefits to the petitioner together with interest at 6% per annum from the date of his retirement to till the date of disbursement.

Prayer in CMP(MD). 11280/ 2024 :

To condone the delay of 62 days in prefeering the writ appeal against order passed in W.P.(MD).No.26274 of 2023 dated 12-02-2024 and thus render justice. PRAYER in WA(MD)SRNos.51213 of 2024:

Writ Appeal filed under Clause 15 of Letters Patent, to allow the Writ Appeal by setting aside the Common Order made in W.P(MD)No.26274 of 2023 dated 12.02.2024 on the file of this Hon'ble Court. Prayer in WP(MD). 26274/ 2023 :

PUD/DS-/1925 / AEMO57/D2-225/2022 dated 30.06.2022 as confirmed by the 1st respondent in Ref. No. TNSTC / KUMBA / PUDU / DS/D2/225/2022 dated consequently direct the respondents to refund Rs. 6,000/- recovered from the petitioner towards Non Implemented Punishment of Stoppage of increment and to quantify and pay the difference in salary and difference in terminal benefits to the petitioner together with interest at 6% per annum from the date of his retirement to till the date of disbursement.

Prayer in CMP(MD). 11283/ 2024 :

To condone the delay of 62 days in prefeering the writ appeal against order passed in W.P.(MD)No.26271 of 2023 dated 12-02-2024 PRAYER in WA(MD)SRNos.51293 of 2024:

Writ Appeal filed under Clause 15 of Letters Patent, to allow the Writ Appeal by setting aside the Common Order made in W.P(MD)No.26271 of 2023 dated 12.02.2024 on the file of this Hon'ble Court. 3/5

Prayer in WP(MD). 26271/ 2023 :

PUD/DS-/1955 / AEMO57/D2-226/2022 dated 28.06.2022 as confirmed by the 1st respondent in Ref. No. TNSTC / KUMBA / PUDU / DS/D2/226/2022 dated consequently direct the respondents to quantify and pay the difference in salary and difference in terminal benefits to the petitioner together with interest at 6 per ORDER : These Civil Miscellaneous petitions coming up for orders on this day, upon perusing the petitions and the affidavit filed in support thereof and upon hearing the arguments of Mr.K.JAGADEESBALAN, Advocate for the petitioner in all the petitions, the Court made the following order:- Since the conditional order passed by this Court dated 29.08.2024 has not been complied with by the petitioner, these petitions stand dismissed automatically and the same is reflected in the cause list.

2. Accordingly, these civil miscellaneous petitions are dismissed. sd/- 26/09/2024 / TRUE COPY / /10/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE MANAGING DIRECTOR, TAMIL NADU STATE TRANSPORT CORPORATION (KUMBAKONAM)LTD, KUMBAKONAM.

2 THE GENERAL MANAGER, THE TAMIL NADU STATE TRANSPORT CORPORATION (KUMBAKONAM) LTD, PUDUKOTTAI REGION, PUDUKOTTAI.

ORDER

IN C.M.P(MD)Nos.11277, 11279, 11280 & 11283 of 2024 in SA(MD)SRNos.51291 to 51293 & 51213 of 2024 Date :26/09/2024 SS/MMS/SAR- /09/10/2024/5P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5