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Madras High CourtWP(MD)/18678/2020disposed of

S.Ramaraj v. The Secretary To Govt.,

2020-12-17Honourable Mr Justice Krishnan Ramasamy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY S.Ramaraj ... Petitioner Vs.

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

2.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Railway Station Road, Kumbakonam - 612 001, Thanjavur District.

3.The General Manager, The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Periyamilaguparai, Trichy.

4.The Finance Adviser & Principal Accounts Officer, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Railway Station Road, Kumbakonam - 612 001, Thanjavur District.

5.The Administrator, Tamil Nadu State Transport Corporation, Pension Fund Trust, Thiruvalluvar House, Pallavan Illam, Chennai - 600 002.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 3rd respondent to implement the order in Parvai:Tha.A.Po.Ka/Trichy/Pa.PiP3/301/2019, dated 08.03.2019 passed by the 3rd respondent based on the order of the Hon'ble Mega Lok Adalat on the file of the Madurai Bench of Madras High Court dated 08.12.2018 and 1/3

consequently direct the 3rd respondent to pay revised pension to the petitioner by taking into account petitioner's entire service period rendered by him from 29.10.1986 to 31.10.2013 (26 years and 11 moths) and to pay arrears of pension, revised gratuity and all other retirement benefits without back wages payable to the petitioner within the time frame that may be stipulated by this Court.

For Petitioner : Mr.N.Sudhagarnagaraj For Respondents : Mr.B.Bhagavathi, Government Advocate for R1 Mr.D.Sivaraman for R2 to R5

ORDER

This writ petition has been filed to implement the order passed by the Hon'ble Mega Lok Adalat on the file of this Court in W.P.(MD)No.SR114116 of 2018, dated 08.12.2018 and to pay the arrears of pension, revised gratuity and all other retirement benefits.

2.The learned counsel appearing for the petitioner submitted that petitioner gave a representation dated 02.12.2020 in this regard. Since, his representation has not been considered, he filed this writ petition to issue appropriate directions to implement the order of the Hon'ble Mega Lok Adalat. 3.Mr.D.Sivaraman, learned standing counsel appearing for the Transport Corporation submitted that the petitioner's representation will be considered and the order of the Hon'ble Mega Lok Adalat will be implemented. However, he seeks some time to implement the same.

4.Taking note of the submissions made by the learned counsel on either side, this Court directs the third respondent to implement the order of Hon'ble Mega Lok Adalat, dated 08.12.2018 within a period of eight weeks from the date of receipt of a copy of this order and pay all the available benefits to the petitioner within a period of eight weeks thereafter.

5.The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) 2/3

ias 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.

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

2.The General Manager, The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Periyamilaguparai, Trichy.

+1 cc to Mr.N.Sudhagarnagaraj , Advocate SR.No.26307 +1 cc to Mr.D.Sivaraman , Advocate SR.No.26328 +1 cc to The Special Government Pleader Sr.No.26252 17.12.2020 KM (06.01.2021) 3P 6C 3/3