A. Jegatheesan, v. The Managing Director,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.02.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD) No.20214 of 2018 and WMP(MD) No.17960 of 2018 A.Jegatheesan ... Petitioner -vs1.The Managing Director, Tamilnadu State Transport Corporation, Madurai Limited, Bypass Road, Madurai.

2.The General Manager, Tamilnadu State Transport Corporation Madurai Limited, Dindigul Region, Bypass Road, Dindigul District.

3.The Administrator, Tamilnadu State Transport Corporation Employees Pension Fund Trust, Pallavansalai Chennai ... Respondents Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified mandamus to call for the records from

the respondents relating to the impugned order passed in his proceeding in Ref.Administration dated 2672 Administration Department dated 29.07.1997 quash the same and consequentially directing the respondents to pay the petitioner's the full pension and other monetary benefits by taking into consideration that he retired on attaining superannuation on a regular basis.

For Petitioner :

Mr.S.Sivanesan For Respondents :

Mr.J.Senthilkumaraiah

O R D E R

The petitioner has filed this writ petition challenging the impugned order of the respondent dated 29.07.1997 and for a consequential direction to the respondents to pay his full pension and other benefits. 2.The learned counsel for the petitioner would submit that the petitioner entered the service of the respondent Corporation as Conductor and he made application for voluntary retirement and the same was accepted on 29.07.1997 and the petitioner has received pension, however, he was not paid full pension and other monetary benefits and hence, he made representation on 12.03.2018. Since, the same was not considered, the petitioner is before this Court. The learned counsel would further submit

that this Court may issue a direction to the respondents to consider the petitioner's representation and pass appropriate orders.

3. Heard the learned counsel for the respondents on the above submissions.

4. It is seen that though the petitioner retired voluntarily as early as on 29.07.1997, however, for the first time, he made a representation, that too, in the year 2018 stating that full pension was not paid and the petitioner is entitled for full pension and other monetary benefits. However, there is no proper explanation from the petitioner as to why he made an application, after a lapse of 21 years. In the absence of any explanation, this Court cannot issue a direction as prayed for by the petitioner. Accordingly, this writ petition is dismissed on the ground of delay and laches. No costs. Consequently connected Miscellaneous Petition is closed. 22.02.2023 NCC : Yes/No Index : Yes/No RR

To 1.The Managing Director, Tamilnadu State Transport Corporation, Madurai Limited, Bypass Road, Madurai.

2.The General Manager, Tamilnadu State Transport Corporation Madurai Limited, Dindigul Region, Bypass Road, Dindigul District.

3.The Administrator, Tamilnadu State Transport Corporation Employees Pension Fund Trust, Pallavansalai Chennai

M.DHANDAPANI, J.

RR 22.02.2023