Madras High CourtWP(MD)/7479/2016disposed of

N.Raju,Condr, Staff 11530(Rtd) v. The Tamilnadu State Transport

2017-07-05Honourable Mr Justice T.Raja2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD) No.7479 of 2016 N.Raju .. Petitioner

Versus

1. Tamil Nadu State Transport Corporation (Madurai) Ltd., Rep. by its Managing Director, Madurai Division, Bye-pass Road, Madurai - 16.

2. The General Manager, Tamil Nadu State Transport Corporation (Madurai) Ltd., Madurai Region, Bye-pass Road, Madurai.

3. The Administrator, Tamil Nadu State Transport Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 2.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking for issuance of a Writ of Mandamus, directing the respondents to pay the Post Retirement Welfare Scheme Arrears of Rs.69,600/- payable to the petitioner for the period from 01.07.2006 to 31.12.2015 within a stipulated period that may be fixed by this Court together with interest at the rate of 18% per annum from the date of his retirement to till the date of settlement of the above amount.

For Petitioner : Mr.A.Rahul For R1 and R2 : Mr.A.Jeyaram For R3 : Mr.A.P.Muthupandian

O R D E R

The petitioner is a retired Conductor from the respondentTransport Corporation. The petitioner filed a Writ Petition in W.P.(MD)No.762 of 2011, with a prayer to pay his pension under the Tamil Nadu State Transport Corporation Pension Fund Rules. The said Writ Petition was allowed by this Court by order dated 08.11.2012. Accordingly, the respondents have been paying the said amount from January 2016. The arrears of Post Retirement Welfare Fund ('PRWF' in short) is pending to be paid to the https://hcservices.ecourts.gov.in/hcservices/

petitioner from 01.07.2006 to 31.12.2015. It is further stated that the said PRWF amount of Rs.68,400/- has to be paid to the petitioner with interest at the rate of 18% per annum on the basis of 12(3) settlement, dated 30.09.1992, arrived at between the Management and the elected Trade Unions. Since they have not considered the arrears of Post Retirement Welfare Fund, the petitioner has given a representation, dated 04.02.2016. But, till date, the said representation has not been considered by the respondents. Therefore, a direction is sought for by the petitioner to consider his representation, dated 04.02.2016. 2.The learned counsel for the respondents submitted that the representation of the petitioner will be considered in accordance with law, within a time frame to be fixed by this Court. 3.

In view of the above said submission made by the learned counsel for the respondents, the respondents are directed to consider the representation of the petitioner, dated 04.02.2016, and pass appropriate orders on merits and in accordance with law. Such an exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. 4.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar To

1. The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Ltd., Madurai Division,Bye-pass Road, Madurai - 16.

2. The General Manager, Tamil Nadu State Transport Corporation (Madurai) Ltd., Madurai Region, Bye-pass Road,Madurai.

3. The Administrator, Tamil Nadu State Transport Pension Fund Trust, Thiruvalluvar Illam,Pallavan Salai, Chennai - 2. +1cc to Mr.A.Rahul, Advocate, Sr.No.63876 SMN2 VB/SV/SAR4/13.07.2017/2P/5C W.P.(MD) No.7479 of 2016 05.07.2017 https://hcservices.ecourts.gov.in/hcservices/