Raju P v. The General Manager
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.04.2024
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)No.13371 of 2023 P.Raju
...Petitioner
Vs.
1.The General Manager, Tamilnadu Transport Corporation, (Kumbakonam Division-1) Ltd., Railway Station New Road, Kumbakonam, Thanjavur District.
2.The Branch Manager, Tiruchirappalli Branch, Tamilnadu Transport Corporation (Kumbakonam Division-1) Ltd., Near Hotel Anand, Tiruchirappalli.
3.The Branch Manager, Musuri Branch, Tamilnadu Tranport Corporation (Kumbakonam Division-1) Ltd., Musuri, Trichy District.
... Respondents 1/5
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to disburse the petitioner retirement benefits since the petitioner retirement dated 12.02.2009, and arrears of salary during the period of the petitioner dismissal and also the petitioner monthly pension to him from 12.02.2009 to till date. For Petitioner : Mr.R.Murugappan For Respondents : Mr.P.Balasubramanian, Standing Counsel
ORDER
The present writ petition has been filed seeking direction to the respondents to disburse the petitioner's retirement benefits from his retirement dated 12.02.2009 and arrears of salary during the period of the petitioner's dismissal and also his monthly pension to him from 12.02.2009 to till date.
2. The brief facts which are necessary for the disposal of this Writ Petition is as follows:- The petitioner joined in the respondent Transport Corporation as Conductor on 02.12.1981. The respondents visited him with several disciplinary proceedings and finally on 25.04.1995 dismissed him from service. 2/5
Challenging the same, the petitioner preferred an Industrial Dispute in I.D.No. 43 of 1996 before the Labour Court, Trichy, which was allowed in favour of the petitioner on 29.06.1999. Challenging the order of the Labour Court, W.P.No. 5654 of 2000 was filed by the respondents before this Court and the same was dismissed on 12.02.2009. Against which, the 1st respondent filed W.A.No.1301 of 2011 and the same was also dismissed on 03.08.2011. Despite the dismissal of the same, the petitioner's retirement benefits have not been disbursed by the respondent Corporation so far. In view of the same, the petitioner made a detailed representation on 20.11.2021 requesting the respondents to disburse his retirement benefits from the date of his retirement on 12.02.2009. However, the same was not considered, the present writ petition came to be filed.
3. Heard, the learned Counsels on either sides. Carefully perused the materials available on record.
4. Considering the limited scope of relief sought for by the petitioner, without going into the merits of this case, this Court hereby direct the respondents to consider the petitioner's representation dated 20.11.2021 and 3/5
pass appropriate orders in accordance with law within a period of eight (8) weeks from the date of receipt of a copy of this order.
5. Accordingly, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
18.04.2024 NCC : Yes / No Index : Yes / No Internet : Yes Sml To 1.The General Manager, Tamilnadu Transport Corporation, (Kumbakonam Division-1) Ltd., Railway Station New Road, Kumbakonam, Thanjavur District.
2.The Branch Manager, Tiruchirappalli Branch, Tamilnadu Transport Corporation (Kumbakonam Division-1) Ltd., Near Hotel Anand, Tiruchirappalli.
3.The Branch Manager, Musuri Branch, Tamilnadu Tranport Corporation (Kumbakonam Division-1) Ltd., Musuri, Trichy District.
4/5
L.VICTORIA GOWRI, J.
Sml 18.04.2024 5/5