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Madras High CourtWA(MD)/698/2025dismissed

The Managing Director v. Padmanabhan

2025-03-25Honourable Mrs Justice J. Nisha Banu,Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.03.2025 CORAM :

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY and CMP(MD)No.4881 of 2025

1. The Managing Director, Tamilnadu State Transport Corporation (Kumbakonam) Limited, New Railway Station Road, Kumbakonam.

2. The General Manager, Tamilnadu State Transport Corporation (Kumbakonam) Limited, New Railway Station Road, Kumbakonam.

... Appellants vs.

1. Padmanabhan

2. The Administrator, Tamil Nadu State Transport Employee's Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai-600 002.

... Respondents PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent, against the order dated 16.06.2023 made in W.P(MD)No.24436 of 2022.

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For Appellant : Mr.S.C.Herold Singh For R1 : Mr.D.Venkatesan

JUDGMENT

(Judgment of the Court was made by J.NISHA BANU, J.) This writ appeal is filed against the order dated 16.06.2023 made in W.P(MD)No.24436 of 2022.

2.

Challenging the relieving order dated 30.09.2022 issued by the appellant Corporation withholding his retirement benefits citing pendency of the criminal case, the 1st respondent / writ petitioner filed writ petition and the Writ Court by impugned order allowed the writ petition, directing the appellants to settle the retirement benefits and pension of the 1st respondent. Aggrieved by the said order, the Corporation has come up with this appeal.

3.

Today, when the writ appeal was taken up for hearing, learned counsel for the 1st respondent / writ petitioner has produced the copy of the judgment made in the criminal case in S.C.No.121 of 2023 2/4

dated 13.12.2024 on the file of the Special Court under Essential Commodities Act, Thanjavur, whereby, the 1st respondent was acquitted.

4.

In view of the acquittal of the 1st respondent, the Writ Appeal is dismissed with a direction to disburse all the retirement benefits of the 1st respondent and pension along with arrears, if any, within a period of twelve weeks from the date of receipt of a copy of this judgment. No costs. Consequently, connected miscellaneous petition is closed.

[J.N.B, J.] [S.S.Y, J.] 25.03.2025 Index : Yes / No bala To

1. The Managing Director, Tamilnadu State Transport Corporation (Kumbakonam) Limited, New Railway Station Road, Kumbakonam.

2. The General Manager, Tamilnadu State Transport Corporation (Kumbakonam) Limited, New Railway Station Road, Kumbakonam.

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J.NISHA BANU, J.

AND S.SRIMATHY, J.

bala JUDGMENT MADE IN DATED : 25.03.2025 4/4