A.Yogesh v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN A.Yogesh .. Petitioner Vs.
1.The Managing Director Tamilnadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam-612 001, Thanjavur District.
2.The General Manager TNSTC (Kumbakonam) Ltd., Kumbakonam Divison, Kumbakonam 612 001, Thanjavur District.
.. Respondents Prayer: This petition is filed under Article 227 of the Constitution of India seeking for writ of mandamus directing the respondents to disburse the terminal benefits payable to the petitioner deceased father late S.S.Anbuselvam service number 89 CR 232 and give the petitioner an employment on compassionate grounds with the respondents corporation by considering his representation dated 30.8.2018.
For Petitioner :
Mr.M.Karthikeyavenkitachalapathy For Respondents :
Mr.K.Ramaiah Standing Counsel
ORDER
This writ petition has been filed directing the respondents to disburse the terminal benefits payable to the deceased writ petitioner's father and also consider to provide compassionate appointment based on the representation dated 30.08.2018.
2. The case of the writ petitioner is that the writ petitioner's father was working as a conductor under the respondents. His father died on 21.07.2018. During the course of his employment due to massive hearf affack, the writ petitioner submitted a representation dated 30.08.2018 along with all relevant particulars to the respondents, in which he sought for employment on compassionate grounds, he also requested the second respondent to dispose the terminal benefits of his deceased father having received the representation, the respondents vide its proceedings dated 18.02.2019 settled the employee contribution of provident fund to him. Thereafter he send a notice on 03.07.2019 through his Advocate for
compassionate appointment. Hence, this writ petition.
3. The learned counsel appearing for the respondents on written instruction submits that on 10.09.2024, the terminal benefits payable to the deceased through late S.S.Anbuselvam has been settled and he would submit that the representation submitted by the writ petitioner seeking compassionate appointment is under consideration of the respondents.
4. The learned counsel appearing for the petitioner would submit that since the terminal benefits payable to his father has been received and the representation submitted by the petitioner seeking for compassionate appointment is pending with the Corporation and prayed to issue a direction to consider the same.
5. This Court considered the submission made on either side and perused the available records.
6. It is an admitted fact that the terminal benefits payable to the writ petitioner's father has been settled by the respondents. It is not in
dispute that the representation dated 30.08.2018 submitted by the writ petitioner is still pending before the respondents, without going into the merits of the case, this Court is inclined to direct the first respondent to consider the representation submitted by the writ petitioner dated 30.08.2018 on merits and in accordance with law within if there is no legal impediment within a period of twelve weeks from the date of receipt of copy of this order. It is made clear that this Court has not gone into the merits of the case.
7. With the above observations and directions this writ petition stands disposed off. No costs.
24.03.2025 NCC : Yes/No Index : Yes/No Internet : Yes nst
To 1.The Managing Director Tamilnadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam-612 001, Thanjavur District.
2.The General Manager TNSTC (Kumbakonam) Ltd., Kumbakonam Divison, Kumbakonam 612 001, Thanjavur District.
M.JOTHIRAMAN , J.
nst Dated: 24.03.2025