R.Wilson v. The Managing Director

W.P.(MD) No.20600 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.09.2019

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P.(MD) No.20600 of 2019 R.Wilson ... Petitioner -VsThe Managing Director, Tamil Nadu State Transport Corporation Limited, Kumbakonam, Thanjavur District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to settle the service benefits of the petitioner such as PF and gratuity including commutation of pension, considering the poverty condition of the petitioner's family.

For Petitioner : Mr.V.Karthikeyan For Respondent : Mr.D.Sivaraman, Standing Counsel.

ORDER

Heard Mr.V.Karthikeyan, learned counsel appearing on behalf of the petitioner and Mr.D.Sivaraman, learned Standing Counsel, who takes notice on behalf of the respondent.

2.By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself. 3.This Writ Petition is filed for a direction to the respondent to settle the service benefits of the petitioner, such as Provident Fund and gratuity, including commutation of pension, considering the poverty condition of the petitioner's family. 4.According to the petitioner, he was appointed as Conductor in the respondent Corporation on 10.08.1999 and retired from service on 31.05.2019. However, he has not received any monetary benefits. In this regard, he has sent a representation, dated 16.09.2019, to the respondent. However, the same has not been considered by the respondent. Hence, the petitioner has come out with the present Writ Petition.

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W.P.(MD) No.20600 of 2019 5.The learned Standing Counsel appearing for the respondent submitted that for disbursement of pensionary benefits, the Administrator of the Pension Fund Trust, is the authority and the petitioner has to make a representation to the Administrator. 6.Considering the above said submission, the petitioner is directed to give a fresh representation to the respondent as well as to the Administrator of the Pension Fund Trust, within a period of two weeks from the date of receipt of a copy of this order. On such receipt of the same, the respondent and the Administrator of the Pension Fund Trust are directed to consider and pass orders, on merits and in accordance with law, within a period of twelve weeks thereafter.

7.With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-III) /TRUE COPY/ Sub Assistant Registrar Myr To The Managing Director, Tamil Nadu State Transport Corporation Limited, Kumbakonam, Thanjavur District.

+1 CC to M/s.V.KARTHIKEYAN, Advocate ( SR-89228[F] dated 25/09/2019 ) +1 CC to M/s.D.SIVARAMAN, Advocate ( SR-89452[F] dated 26/09/2019 ) W.P.(MD)No.20600 of 2019 25.09.2019 JM/11.10.2019/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2