S.Malaiyandi S/O.Sankaran v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.08.2023

CORAM:

THE HONOURABLE Mr.JUSTICE BATTU DEVANAND S.Malaiyandi .. Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam.

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

3.The Administrator, Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai-600 002.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the 1st respondent

Ref:Tha.Aa.Po.Ka/Pudhu/Sadhu/SM/120 Pudukkottai Region dated 04.01.2016, quash the same and consequently direct the respondents to fix the petitioner's pay in the new scale of pay of Rs.9300-34800+Grade Pay of Rs.4300/- and to pay his arrears of difference in salary from 01.09.2010 to 30.06.2013 and to pay his difference in retiral benefits including monthly pension, gratuity, leave salary, commutation and all other attendant benefits together with interest at the rate of 18% per annum payable from 01.07.2013 to till the date on which the above monetary benefits are settled to him.

For Petitioner :

Mr.A.Rahul For Respondents :

Mr.S.C.Herold Singh Standing Counsel

ORDER

This writ petition has been filed seeking a direction to the respondents to fix the petitioner's pay in the new scale of pay of Rs.9300-34800+Grade Pay of Rs.4300/- and to pay arrears of difference in salary from 01.09.2010 to 30.06.2013 and to pay his difference in retiral benefits including monthly pension, gratuity, leave salary, commutation and all other attendant benefits together with interest at the rate of 18% per annum from 01.07.2013 to till date.

2. The learned Standing Counsel appearing for the respondents, on instructions, submits that the difference amount of retirement benefits have been settled to the petitioner as per G.O.Ms.No.61, dated 30th April, 2015. To that effect, the Assistant Manager (Legal) of the respondentCorporation sent a communication to their counsel Thiru D.Sivaraman, Advocate, High Court, Madurai, on 12.07.2023 and a copy of the said communication is placed before this Court.

3. On careful perusal of the above said communication, it appears that the difference amount of retirement benefits have been settled on different dates to the petitioner. Learned counsel for the petitioner also endorsed the statement of the learned Standing Counsel for the respondents.

4. Under these circumstances, in my considered view, the relief sought for by the petitioner in this writ petition is already granted by the respondents and as such, no further adjudication is required in this writ petition.

5. Accordingly, this Writ Petition is closed.

6. No costs.

04.08.2023 NCC : Yes/No Index : Yes/No Internet : Yes abr

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

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

3.The Administrator, Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai-600 002.

BATTU DEVANAND, J.

abr Dated : 04.08.2023