This intra-court appeal challenged an order mandating the payment of retirement benefits to an employee after his dismissal was set aside and reinstatement was confirmed. This court dismissed the appeal and directed payment.
Appellants directed to calculate and pay retirement benefits in four equal monthly installments starting December 2018.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.11.2018
CORAM:
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN
and
THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU
W.A.[MD]No.1577 of 2018
against W.P.(MD).No.12504 of 2016 and
C.M.P.[MD]No.11325 of 2018
Tamil Nadu State Transport Corporation
(Madurai) Limited,
Rep. by its General Manager, Madurai Region, Bye-Pass Road, Madurai.
Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-600 002. : Appellants/Respondents 1&2
Vs. M.Chithirampillai : Respondent/Petitioner
PRAYER: Writ Appeal is filed under Clause 15 of Letters Patent against the order of Writ Court dated 23.01.2018, made in W.P.(MD) No.12504 of 2016.
Prayer in WP(MD). 12504/ 2016 :
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 sanction and pay the petitioners terminal benefits including monthly pension, gratuity, commuted value of pension, leave salary, refund of Contribution towards Institute of Road Transport and Social Security Scheme Amount and all other attendant benefits by counting his entire service from 01.05.1981 to 31.05.2001 as pensionable service and to pay interest for the above terminal benefits at the rate of 18% per annum from 31.05.2001 to till the date on which the above benefits are settled to him.
For Appellants : Mr.A.P.Muthupandian
For Respondent : Mr.A.Rahul
2
J U D G M E N T
***************
[ Judgment of the Court was delivered by K.K.SASIDHARAN, J.]
This intra-Court appeal is directed against the order dated 23 January, 2018 in W.P.(MD)No.12504 of 2016, whereby and whereunder, the learned Single Judge issued a Mandamus to the appellants to pay the benefits to the respondent consequent to his retirement on 01 June, 2001.
Sd/-
Assistant Registrar(CO)
/True Copy/
Sub Assistant Registrar(CS-III)
3
To
Tamil Nadu State Transport Corporation, (Madurai )Ltd, Madurai Region,
Bye Pass Road, Madurai.
+1cc to Mr.A.P.Muthupandian,Advocate Sr.No.96451
+1cc to Mr.A.Raghul,Advocate Sr.No.96006
SML
KM/BK/SAR3/10.12.2018/3P/5C
Judgment made in W.A.[MD]No.1577 of 2018 Dated: 20.11.2018
1 issue framed by the court
Whether the appeal against the order directing the payment of retirement benefits should be allowed or dismissed?
The Management, Tamil Nadu State Transport Corporation (Madurai) Limited
The Administrator, Tamil Nadu State Transport Corporation Pension Fund Trust
M.Chithirampillai
K.K. SASIDHARAN
P.D. AUDIKESAVалу
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
