M.Perumal v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.08.2019

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR M.Perumal

...Petitioner

Vs.

1.The Managing Director, Tamil Nadu Transport Corporation (Madurai) Ltd., Bye pass Road, Madurai 625 016.

2.The General Manager, Tamil Nadu Transport Corporation (Madurai) Ltd., Dindigul Division, Bye pass Road, Dindigul.

3.The Administrator, The Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House, Pallavan 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 herein to disburse the pension amount payable to the petitioner for the 1st month after his retirement i.e., March 2017 and also to refund the total amount payable to the petitioner being the erroneous withholding of 25% of his pension amount for a period of 16 months commencing from April 2017 to July 2018 by considering representation dated 03.08.2019 and for other reliefs. For Petitioner :Mr.J.Lawrance For Respondents :Mr.J.Senthil Kumaraiah Standing Counsel

ORDER

This Writ Petition has been filed to direct the respondents to disburse the pension amount payable to the petitioner and to refund 1/3

the total amount payable to him being the erroneous withholding of 25% of his pension amount for a period of 16 months commencing from April 2017 to July 2018.

2.Mr.J.Senthil Kumaraiah, learned Standing Counsel takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself. 3.The learned counsel appearing for the petitioner would submit that with reference to the prayer sought for in this writ petition, the petitioner sent a representation to the respondents on 03.08.2019. But, no action has been taken till date. Hence, the petitioner is before this Court for the relief stated supra. 4.In reply, the learned Standing Counsel appearing for the respondents would submit that the petitioner's representation dated 03.08.2019 would be considered on merits and in accordance with law, within a time frame to be fixed by this Court. 5.

Having regard to the limited scope of the prayer made by the petitioner and considering the submissions made on either side, this Court, without expressing any opinion on the merits of the case, directs the second respondent to consider the petitioner's representation dated 03.08.2019 on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

6.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CO) /TRUE COPY/ Sub Assistant Registrar To 1.The Managing Director, Tamil Nadu Transport Corporation (Madurai) Ltd., Bye pass Road, Madurai 625 016.

2.The General Manager, Tamil Nadu Transport Corporation (Madurai) Ltd., Dindigul Division, Bye pass Road, Dindigul.

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

+1 CC to M/s.J.SENTHIL KUMARAIAH, Advocate ( SR-82691[F] dated 21/08/2019 ) 21.08.2019 mm JM/29.08.2019/3P/5C 3/3