Disposed

A.v.Pandian, v. The Secretary to Finance

Madras HC15 Jul 2016WP/22195/2016

Case brief

AI extract

What is this about?

The High Court directed the Managing Director of State Express Transport Corporation to pass final orders on pending disciplinary proceedings against the petitioner within three months. Pension benefits were deferred pending the outcome of these orders.

What did the court decide?

Direction to pass final orders on disciplinary proceedings within three months; pension consideration deferred pending outcome.

A.v.Pandian, Vs The Secretary to Finance — Pension and Retirement Benefits | Madras HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 15.07.2016

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CORAM:

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THE HONOURABLE MR.JUSTICE B.RAJENDRAN

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Writ Petition No.22195 of 2016

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and WMP.No.18942 of 2016

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A.V.Pandian .. Petitioner

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-Versus-

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The Secretary to Finance Committee/Appeal Committee, State Express Transport Corporation, Thiruvallur Illam, Pallavan Salai,

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Chennai-600 002.

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The Managing Director State Express Transport Corporation Thiruvalluvar Illam, Pallavan Salai,

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Chennai 600 002.

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The Administrator, Tamil Nadu State Transport Employees Pension Trust, Thiruvalluvar Illam, Pallavan Salai

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Chennai 600 002.

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.. Respondents

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Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 2 nd Respondent to pass final orders on the departmental action initiated against the petitioner based on the re-enquiry report submitted by the Enquiry Officer in respect of charges framed in Memo No.087790/DL6/SETC/TN/2008 dated 11.12.2008 etc., cases and consequently directing the Respondents to make the payment of retirement benefits payable to the petitioner as on date of retirement on 31.03.2009 along with interest,within the time frame to be fixed by this Court.

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For Petitioner : Mr.G.Sankaran For Respondents : Mr.Paramasivadoss

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This Writ Petition has been filed seeking for a direction to the second respondent to pass final orders on the departmental action initiated against the petitioner based on the re-enquiry report submitted by the Enquiry Officer in respect of charges framed in Memo No.087790/DL6/SETC/TN/2008 dated 11.12.2008 etc., cases and consequently direct the https://hcservices.ecourts.gov.in/hcservices/ Respondents to make the payment of retirement benefits payable to the petitioner as on date of retirement on 31.03.2009 along with interest,within the time frame to be fixed by this Court.

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2. Heard the learned counsel for the petitioner as well as learned counsel appearing for the respondents.

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3. After some elaborate arguments, the learned counsel appearing for the petitioner submitted that even though enquiry officer has given report till date no final orders have been passed and hence a direction may be given to the respondents to pass final orders on the departmental action initiated against the petitioner.

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4. The learned counsel appearing for the respondents would submit that three months time may be given to the respondents to pass final orders on the departmental action initiated against the petitioner.

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5. Considering the submissions made by the learned counsel appearing on either side, the second respondent is directed to pass appropriate orders on the disciplinary proceedings initiated against the petitioner, within a period of three months from the date of receipt of a copy of this order. However, it is needless to say that the request made by the petitioner for pension will be considered by the respondents depending upon the outcome of the final orders to be passed in the disciplinary proceedings.

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6. This Writ Petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petition is closed. arr Sd/- Asst.Registrar /true copy/

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Sub Asst. Registrar

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The Secretary to Finance Committee/Appeal Committee, State Express Transport Corporation, Thiruvallur Illam, Pallavan Salai, Chennai-600 002.

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The Managing Director State Express Transport Corporation Thiruvalluvar Illam, Pallavan Salai, Chennai 600 002.

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The Administrator,

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Tamil Nadu State Transport Employees Pension Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai 600 002.

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+ 1 CC TO MR.G.SANKARAN, ADVOCATE SR 40560

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+ 1 CC TO P.PARAMASIVADOSS, ADVOCATE SR 39966

KR/10/8/16

WP No. 22195 of 2016

and

https://hcservices.ecourts.gov.in/hcservices/

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WMP No.18942 of 2016

A.v.Pandian, v. The Secretary to Finance

Case brief

What is this about?

What did the court decide?

A.v.Pandian, v. The Secretary to Finance

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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