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Madras High CourtWP(MD)/19571/2021disposed of

Selvaraj.P v. The Managing Director

2021-10-29Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.10.2021

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR P. Selvaraj ... Petitioner Vs.

1. The Managing Director, Tamiilnadu State Transport Corporation, (Kumbakonam) Ltd., No. 27 New Railway Station Road, Kumbakonam.

2. The General Manager, Tamil Nadu State Transport Corporation, (Kumbakonam) Ltd., Pudukkottai Regional Office, Pudukkottai.

3. The Administrator, Tamilnadu State Transport Corporation, Employees Pensions Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai -2.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, for the issuance of of a Writ of Mandamus, directing the respondents to settle the petitioner's terminal benefits like provident fund, leave salary, pension difference and pension arrears by taking into account the petitioner's 22 years of service from 01.06.1994 to 30.06.2016 and pass orders.

For Petitioner : Mr. K. Gokul For Respondents : Mr. P. Balasubramanian Standing counsel

ORDER

The writ petition is filed for the issuance of of a Writ of Mandamus, directing the respondents to settle the petitioner's terminal benefits like provident fund, leave salary, pension difference and pension arrears by taking into account the petitioner's 22 years of service from 01.06.1994 to 30.06.2016

2. According to the petitioner, he retired as Special Grade Conductor on on 03.06.2016 after completion of 22 years of service. The respondents had settled the terminal benefits by calculating the 1/3

service rendered by the petitioner as 21 years from 01.03.1995.

3. According to the petitioner, he has rendered service for 22 years from 01.06.1994. However, the service rendered by the petitioner from 01.06.1994 to 28.02.1995 was not taken into account by the respondent corporation. Hence, the petitioner has made a representation on 30.08.2021 to the respondent corporation. The said representation is still pending and no orders have been passed.

4. The learned counsel for the respondent corporation submitted that the aforesaid representation would be considered and orders will be passed on its own merits and in accordance with law.

5. Therefore, in the light of the said submission made by the parties concerned and considering the limited scope of the prayer as sought for in the writ petition, without expressing any opinion on merits, this court is inclined to direct the first respondent to consider the petitioner's representation dated 30.08.2021 on its own merits and in accordance with law and pass orders as expeditiously as possible within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above directions, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2021 Sub Assistant Registrar(CS) mnr Note : In view of the present lock down owing to COVID-19 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 Managing Director, Tamiilnadu State Transport Corporation, (Kumbakonam) Ltd., No. 27 New Railway Station Road, Kumbakonam.

2. The General Manager, Tamil Nadu State Transport Corporation, (Kumbakonam) Ltd., Pudukkottai Regional Office, 2/3

Pudukkottai.

3. The Administrator, Tamilnadu State Transport Corporation, Employees Pensions Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai -2.

+1 CC to M/s.SPL.GP ( SR-33376[F] dated 01/11/2021 ) +1 CC to M/s.P.BALASUBRAMANIAN, Advocate ( SR-33297[F] dated 29/10/2021 ) 29.10.2021 MMS(CO) KB(16.11.2021) 3P 6C 3/3