Disposed

The Managing Director, v. S.Subramani

Madras HC16 Jun 2017CMP(MD)/5866/2016

Case brief

AI extract

What is this about?

The Madurai Bench disposed of a condonation application and closed an underlying writ appeal. The Court held that nothing survives in the appeal since a related writ petition was previously dismissed. It directed the Corporation to settle eligible retirement benefits in 12 installments with interest.

What did the court decide?

Directed the petitioner Corporation to settle eligible retirement benefits to the petitioner in 12 equal installments along with admissible interest.

The Managing Director, Vs S.Subramani — Pension and Retirement Benefits | Madras HC (2017)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 16.06.2017

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CORAM:

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THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN

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C.M.P(MD).No.5866 of 2016 in W.A(MD)No.SR 20090 of 2016 and W.A(MD)No.SR 20090 of 2016

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The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Limited, By-pass Road, Madurai-625 016. ... Appellant/1^st Respondent

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Vs.

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S.Subramani ... 1^st Respondent/Petitioner

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The General Manager, Tamil Nadu State Transport Corporation (Madurai) Limited, Dindigul Region, Collectorate (P.O) Dindigul-624 004. ... 2^nd Respondent/2^nd Respondent

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The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-600 002. ... 3^rd Respondent/3^rd respondent (The 2^nd Respondent is a part of the appellant Corporation and hence given up)

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PRAYER in C.M.P(MD)No.5866 of 2016: Petition has been filed Under Section 5 of the Limitation Act, to condone the delay of 88 days in filing the above writ appeal against the order dated 04.12.2015 in W.P(MD)No.21578 of 2015.

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Prayer in W.A.(MD)Sr.No.20090 of 2016:- Writ Appeal is filed under https://hcservices.ecourts.gov.in/hcservices/ Clause 15 of Letters Patent Act against the order, dated 04.12.2015, made in W.P(MD)No.21578 of 2015.

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Prayer in WP(MD). 21578/ 2015 :

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Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to settle the terminal benefits such as Pension, Gratuity, Employees Benefit Relief Fund and other retirement benefits along with 18% interest from the date of retirement on 31.7.2014 within the stipulated period and to pass such other or further orders as this Hon'ble Court.

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For Petitioner : Mr.A.P.Muthupandian For R1 : Mr.S.Govindan For R3 : Mr.K.Sathiyasing

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ORDER

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[Judgment of the Court was delivered by T.S.SIVAGNANAM,J]

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Heard Mr.A.P.Muthupandian, learned counsel appearing for the petitioner, Mr.S.Govindan, learned counsel appearing for the first respondent and Mr.K.Sathiyasing, learned counsel appearing for the third respondent.

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This petition has been filed to condone the delay of 88 days in filing the writ appeal against the order, dated 04.12.2015 made in W.P(MD)No.21578 of 2015.

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3.The writ petition itself was filed seeking for pensionary benefits till the writ petition filed by the Management challenging the award of the Labour is disposed of. The said writ petition in W.P.(MD)No.545 of 2011 has been dismissed. In the light of the same, nothing further survives in the writ appeal. Further, we direct the petitioner Corporation to settle the eligible retirement benefits to the petitioner in 12 equal installments along with admissible interest.

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4.In view of the above observation, C.M.P(MD)No.5866 of 2016 is disposed of. Consequently, W.A.(MD)No.SR 20090 of 2016 is closed.

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Sd/Assistant Registrar (Writs)

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

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Sub Assistant Registrar

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The General Manager Tamil Nadu State Transport Corporation (Madurai) Limited, Dindigul Region, Collectorate (P.O) Dindigul-624 004.

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

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AM/DAS

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TE/JC/SAR-IV : 20/07/2017 : 3P/3C

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C.M.P(MD).No.5866 of 2016 in W.A(MD)No.SR 20090 of 2016 and W.A(MD)No.SR 20090 of 2016 16.06.2017

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

The Managing Director, v. S.Subramani

Case brief

What is this about?

What did the court decide?

The Managing Director, v. S.Subramani

Case brief

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What did the court decide?

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