S. Perambalam v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.12.2016

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD) No.24846 of 2016 S.Perambalam ... Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Railway Station Road, Kumbakonam, Thanajvur District.

2.The General Manager, Tamil Nadu State Transport Corporations (Kumbakonam) Limited, Kumbakonam Division, Periyamilaguparai, Trichy-1.

3.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai,Chennai- 600 002.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the respondents Corporation to settle the pension amount for the month of December 2014 and January 2015 with 18% rate of interest for the belated payment of pension due to the Petitioner within the time frame fixed by this Court.

For Petitioner :

M/s.N.Sudhagar Nagaraj For Respondents :

Mr.D.Sivaraman 1 and 2 For Respondent-3 :

Mr.A.P.Muthupandian

O R D E R

This writ petition has been filed, seeking a direction to the respondents Corporation to settle the pension amount for the month of December 2014 and January 2015 with 18% rate of interest for the belated payment of pension due to the Petitioner within the time frame fixed by this Court.

2. Heard the learned counsel on either side.

3. The case of the petitioner is that the Petitioner joined the services of the first and second respondent/Corporation in the month of August 1980 and retired from service after attaining the age of superannuation on 30.11.2014 from the second respondent/Corporation. At the time of retirement, the Petitioner was designated as Transport Supervisor in the second respondent Corporation at Commercial Wing, Regional office, Trichy. The Petitioner was granted pension only from the month of from March 2015 till now and has not received the pension for the month of December 2014 and January 2015. In this regard the Petitioner has given a representation dated 22.08.2016 to the respondents and since the said representation did not evoke any response, the petitioner is before this Court with the relief stated supra.

4. The counsel for the third respondent would submit that it is agreeable for the third respondent to consider the representation of the petitioner and pass orders thereon. 5.In view of the submission, the third respondent is directed to consider the representation of the petitioner, dated 22.8.2016 and to pass appropriate orders on the same on merits and in accordance with law, within a period of three months from the date on which a copy of this order is made ready, preferably on or before 15.3.2017. No costs.

Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To:

1.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Railway Station Road, Kumbakonam, Thanajvur District.

2.The General Manager, Tamil Nadu State Transport Corporations (Kumbakonam) Limited, Kumbakonam Division, Periyamilaguparai, Trichy-1.

3.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai,Chennai- 600 002.

+1 cc to M/s.D.Sivaraman, Advocate in SR.No.83249 vsn JS/EM-JMP/12.01.2017 : 3P-5C W.P.(MD) No.24846 of 2016 23.12.2016