Madras High CourtWP(MD)/10529/2015dismissed as abated

A. Thomas, v. The Tamil Nadu State

2022-11-16Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.11.2022

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY A.Thomas ... Petitioner Vs.

1.The Tamil Nadu State Transport, Corporation (Kumbakonam) Limited, Represented by its Managing Director, Kumabakonam.

2.The General Manager, The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Trichy Region, Trichy.

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

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the second respondent in Ref:DCTC/D2/199/85 dated 02.11.1985, consequential orders passed by the second respondent in Ref:DCTC/E3/500/85 dated 02.12.1985 and in Letter 1/4

No.Tha.A.Po.Ka/Trichy/ Pa.Pi-P5/06/2014 dated 05.01.2015 in discharging services of the petitioner from the post of Driver on medical grounds and appointing him as Mazdoor / Helper as fresh entrant denying him pay protection, continuity of service in the post of driver, quash the same and consequently direct the respondents to extend the benefit of continuity of service, pay protection in the post of Driver to the petitioner with effect from the date of his discharge and to re-determine / re-fix his retirement benefits as if he continued to work as Driver in the first respondent Corporation from 19.05.1980 to 30.04.2005 and to pay revised retirement benefits to him including monthly pension, gratuity, leave salary and commuted value of pension etc., within the time limit that may be fixed by this Court. For Petitioner : Mr.A.Rahul For Respondents : Mr.D.Sivaraman

ORDER

The petitioner in this Writ Petition died. Hence, the Writ Petition is dismissed as abated with a liberty to the legal heirs of the petitioner to contest this case, if so advised. No costs.

16.11.2022 Index : Yes / No Internet : Yes/ No Nsr 2/4

To 1.The Managing Director, The Tamil Nadu State Transport, Corporation (Kumbakonam) Limited, Kumabakonam.

2.The General Manager, The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Trichy Region, Trichy.

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

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S.SRIMATHY, J.

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