V. Sree Raman Nair v. The Administrator
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.12.2020
CORAM:
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY V.Sree Raman Nair ... Petitioner Vs.
1.The Administrator, Tamil Nadu State Transport Corporation Employee's Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai-2.
2.The Managing Director, Tamil Nadu State Transport Corporation, Tirunelveli Division, Tirunelveli.
3.The General Manager, Tamil Nadu State Transport Corporation, Nagercoil, Kanyakumari District.
... Respondents PRAYER : This Writ Petition is filed under Article 226 of Constitution of India for issuance of Writ of Mandamus, to direct the respondents to pay the petitioner's pension with arrears till this day and continue to pay the pension on the basis of the petitioner's representation dated 11.01.2020. For Petitioner : Mr.G.Ramanathan For Respondents : Mr.R.Rajmohan Standing Counsel
O R D E R
By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 2.This Writ Petition has been filed to direct the respondents to pay the petitioner's pension with arrears till date and continue to pay the pension on the basis of the petitioner's representation dated 11.01.2020.
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3.The grievance of the petitioner is that he was joined in the Tamil Nadu State Transport Corporation as a Driver in the year 1986 and his service was regularized on 01.12.1988. After completing more than 10 years of service, he was retired from service on 31.03.1999. Therefore, the petitioner is entitled to get pension. In this regard, the petitioner made several representations orally to the respondents for getting pension. Finally, on 11.01.2020, the petitioner sent a representation to the respondents 1 and 3. However, the respondents have not taken any steps to disburse his pension till date. Hence, without any other options, the petitioner approached this Court by way of this writ petition for appropriate orders.
4.The learned Standing Counsel appearing for the respondents would fairly submit that the representation of the petitioner will be disposed of on merits and in accordance with law. 5.At this juncture, the learned counsel appearing for the petitioner would submit that only the third respondent is required to sent a proposal to the first respondent. On the basis of the recommendations, the first respondent has to pay the pension. Therefore, the third respondent is the competent person to pass appropriate orders on the representation of the petitioner. 6.In view of the submissions made by the learned counsel appearing on either side, this Court directs the third respondent to dispose of the representation of the petitioner dated 11.01.2020 within a period of eight weeks from the date of receipt of a copy of this order on merits and in accordance with law. 7.With the above directions, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar (CRL.SIDE) // True Copy // / /2020 Sub Assistant Registrar(CS) cp Note : In view of the present lock down owing to COVID19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. 2/3
To:- 1.The Administrator, Tamil Nadu State Transport Corporation Employee's Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai-2.
2.The Managing Director, Tamil Nadu State Transport Corporation, Tirunelveli Division, Tirunelveli.
3.The General Manager, Tamil Nadu State Transport Corporation, Nagercoil, Kanyakumari District.
+1 CC to Mr.G.RAMANATHAN, Advocate ( SR-24312[F] dated 08/12/2020 ) 07.12.2020 MJ(CO) KM (22.12.2020) 3P 5C 3/3