Disposed

T.David, S/O.a.Thambusamy, v. the Tamil Nadu State Transport

Madras HC12 Oct 2017WP(MD)/18273/2017

Case brief

AI extract

What is this about?

Petitioner sought writ of mandamus for settlement of surrender leave salary from 2009-2015 with interest. Court directed the second respondent to dispose of the petitioner's representation dated 30.06.2017 on merits and pass reasoned orders, ensuring timely payment within one month.

What did the court decide?

Direction to second respondent to dispose of petitioner's representation dated 30.06.2017, pass reasoned orders, and disburse monetary benefits within one month.

T.David, S/O.a.Thambusamy, Vs the Tamil Nadu… — Pension and Retirement Benefits | Madras HC (2017)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on : 03.10.2017 Delivered on : 12.10.2017 CORAM :

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THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU W.P(MD)No.18273 of 2017

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T.David ... Petitioner

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vs.

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

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2.The General Manager,

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The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Nagapattinam Region, Nagapattinam. ... Respondents

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Prayer: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to settle the petitioner's Surrender Leave Salary for 105 days of Rs.1,49,310/- from 2009 to 2015 together with interest at the rate of 18% per annum payable from the date of retirement to till the date of actual payment.

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For Petitioner : Mr.A.Rahul For Respondents : Mr.D.Sivaraman

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Standing Counsel

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ORDER

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The petitioner in this Writ Petition has sought to settle his Surrender Leave Salary for 105 days of Rs.1,49,310/- from 2009 to 2015 together with interest at the rate of 18% per annum payable from the date of retirement to the date of actual payment.

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2.In the affidavit filed in support of the writ petition, it has been stated that the aforesaid claim is made by the petitioner on the basis of the settlement dated 13.02.1999 under Section 12 (3) of Industrial Disputes Act entered into between the workmen and the management of the Tamil Nadu State Transport Corporation (Kumbakonam) Ltd. In the typed set filed along with the writ petition, the petitioner has placed copy of the representation dated 30.06.2017, claiming the aforesaid benefit.

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3.Heard Mr.A.Rahul, the learned counsel appearing for the https://hcservices.ecourts.gov.in/hcservices/ petitioner and Mr.D.Sivaraman, the learned Standing Counsel appearing for the respondents and perused the records.

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4.Though the petitioner has sought for a larger relief, having regard to the fact that the respondents have not disposed the aforesaid representation dated 30.06.2017, made by the petitioner claiming the relief, this Court is of the considered view that it would initially suffice to direct the second respondent to dispose the aforesaid representation and in the event of any adverse order, the petitioner may thereafter impeach the same in a manner recognized by law.

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5.Accordingly, this Writ Petition is disposed of with a direction to the second respondent to dispassionately consider the representation of the petitioner dated 30.06.2017, and pass reasoned orders thereon, on merits and in accordance with law and communicate such decision to the petitioner and file a report of such compliance before the Registrar (Judicial), Madurai Bench of Madras High Court, Madurai on or before 30.11.2017. It is needless to add here that the admitted amount of monetary benefits shall be expeditiously disbursed by the Respondents to the petitioner and in any event, within a period of one month from the date of passing of the order disposing the representation. No costs.

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Sd/-

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Assistant Registrar(crl side)

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/True Copy/

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Sub Assistant Registrar

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

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2.The General Manager,

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The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Nagapattinam Region, Nagapattinam.

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Copy to

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The Registrar (Judicial), Madurai Bench of Madras High Court, Madurai.

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VB/KK/SAR1/25/10/2017/2P/4C

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

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order in W.P(MD)No.18273 of 2017 12.10.2017

T.David, S/O.a.Thambusamy, v. the Tamil Nadu State Transport

Case brief

What is this about?

What did the court decide?

T.David, S/O.a.Thambusamy, v. the Tamil Nadu State Transport

Case brief

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