T. Ramaiah S/O.C.Thiruman, v. The Secretary, Transport

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:11.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI T.Ramaiah ... Petitioner Vs.

1.The Secretary, Transport Department, Secretariat, Fort St.George, Chennai 600 009.

2.The Director, Directorate of Pension, 259, Anna Salai 3rd Floor, 2nd Floor, Teynampet, Chennai 600 006.

3.The Managing Director, Tamil Nadu State Express Transport Corporation, Pallavan Illam, Pallavan Salai, Chennai 600 002.

4.The Pension Administrator, Tamil Nadu State Express Corporation Pension Fund, Pallavan Illam, Pallavan Salai, Chennai 600 002.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 2nd respondent to pay appropriate pension for the service rendered in the erstwhile Tamil Nadu State Transport Department from 1916 to 1982 and direct the 4th respondent to pay pension from 1982 to 1995 for the service rendered in the Transport Corporation, as per the judgement in W.A.No.3263 of 2002, dated 16.04.2008.

For Petitioner : Mrs.D.Geetha For R1 & R2 : Mr.A.Karthik Government Advocate For R3 : Mr.K.Sathya Singh Standing counsel 1/3

O R D E R

This writ petition has been filed for a direction to the second respondent to pay appropriate pension for the service rendered in the erstwhile Tamil Nadu State Transport Department from 1916 to 1982 and direct the fourth respondent to pay pension from 1982 to 1995 for the service rendered in the Transport Corporation, as per the judgement in W.A.No.3263 of 2002, dated 16.04.2008.

2. The case of the petitioner is that the petitioner served as a Conductor in the Tamil Nadu State Transport Department from 1961. Thereafter, he was absorbed in the Pallavan Transport Corporation, which was established in the year 1975. He retired from service in the year1995. For the services rendered from 1961 to 1975 in erstwhile Transport Department, pension was paid to the petitioner and no pension was paid for the services rendered in the Corporation. In order to avail such a benefit, the petitioner has made a representation to the respondents 1 and 2, on 13.02.2017. However, till date the said representation was not considered. Hence, the petitioner has filed the present writ petition with the aforesaid prayer.

3. The learned counsel appearing for the petitioner would submit that it would suffice, if the respondents 1 and 2 are directed to dispose of the representation of the petitioner, dated 13.02.2017, on merits and in accordance with law, within a specified period as fixed by this Court.

4. The learned counsels appearing for the respondents have no serious objection for such an order being passed by this Court.

5. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the respondents 1 and 2 to consider the petitioner's representation, dated 13.02.2017 and pass appropriate orders, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) akv 2/3

To 1.The Secretary, Transport Department, Secretariat, Fort St.George, Chennai 600 009.

2.The Director, Directorate of Pension, 259, Anna Salai 3rd Floor, 2nd Floor, Teynampet, Chennai 600 006.

3.The Managing Director, Tamil Nadu State Express Transport Corporation, Pallavan Illam, Pallavan Salai, Chennai 600 002.

4.The Pension Administrator, Tamil Nadu State Express Corporation Pension Fund, Pallavan Illam, Pallavan Salai, Chennai 600 002.

+1 CC to M/s.K.SATHIYA SINGH, Advocate ( SR-10630[F] dated 12/03/2021 ) +1 CC to M/s.SPL GP ( SR-10886[F] dated 12/03/2021 ) 11.03.2021 SMV(CO) TR(24.03.2021) 3P 7C 3/3