The Madras High Court directed the respondents to settle the petitioner's pensionary and retirement benefits within eight weeks, ordered payment of interest for the delay, and allowed the writ petition.
Settlement of all petitioner's pensionary and retirement benefits with interest within eight weeks.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.03.2018
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P.(MD)No.3708 of 2018
R.Kumar
... Petitioner
-Vs-
1.The Administrative Officer,
Tamil Nadu State Transport Coporation,
Palavan Salai, Chennai-2.
2.The Branch Manager, Tamil Nadu State Transport Corporation, Vanarapattai, Tirunelveli.
3.The Administrative Officer, Tamil Nadu State Transport Corporation, Tirunelveli- Zone, Tirunelveli. ... Respondents
PRAYER:Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to issue a pension benefit by way of the representation and by considering the petitioner's representation dated 06.02.2018 within the period that may be stipulated by this Court.
For Petitioner : Mr.V.Balasubramanian For R1 : Mr.A.P.Muthupandian For R2 and R3 : Mr.K.Sathya Singh
ORDER
The petitioner was appointed as conductor in the respondent corporation in the year 1987. He was regularized in the year 1987. On account of his health condition, he was ousted from service. The same was successfully challenged by the writ petitioner before the Labour Court, Tirunelveli. The management was directed to reinstate the petitioner in service and 50% of the backwages was awarded and the petitioner was also provided with an alternative employment, in compliance of the Labour Court award and the petitioner reached superannuation on 30.06.2016.
2.The learned counsel appearing for the petitioner draw the https://hcservices.ecourts.gov.in/hcservices/ attention of this Court to the office order dated 14.04.2015 issued by the first respondent in this regard. The petitioner's name
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figures at serial No.96 in the said office order. The petitioner's grievance is that even though more than 26 months have lapsed, the pensionary benefits have not yet been settled to the petitioner.
3.Therefore, the respondents are directed to settle all the petitioner's pensionary and other retiral benefits within a period of eight weeks from the date of receipt of a copy of this order. It is made clear that the petitioner shall be paid the same together with the interest for the belated settlement. Accordingly this Writ Petition is allowed. No costs.
Sd/Assistant Registrar(T&P)
/True Copy/
Sub Assistant Registrar
To
1.The Administrative Officer, Pension Authority, Tamil Nadu State Transport Coporation, Palavan Salai, Chennai-2. 2.The Branch Manager, Tamil Nadu State Transport Corporation, Vanarapattai, Tirunelveli. 3.The Administrative Officer, Tamil Nadu State Transport Corporation, Tirunelveli- Zone, Tirunelveli. +1cc to M/S.V.Balasubramanian, Advocate SR.No. 57371 +1cc to M/S.K.Sathya Singh, Advocate SR.No. 57470
W.P.(MD)No.3708 of 2018 23.03.2018
ta JM/KKR/SAR 4/16.05.2018/2P/6C
1 issue framed by the court
Whether the respondents are directed to settle the petitioner's unpaid pensionary and retirement benefits with interest.
1 provisions across 1 enactments
R.Kumar
The Administrative Officer, Pension Authority, Tamil Nadu State Transport Corporation
The Branch Manager, Tamil Nadu State Transport Corporation, Vanarapattai
The Administrative Officer, Tamil Nadu State Transport Corporation, Tirunelveli- Zone
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
