Court disposed of writ petition seeking terminal benefits. It directed respondents to consider petitioner's representation on merits within eight weeks, providing hearing opportunity, without deciding merits.
Directed respondents to consider petitioner's representation on merits within eight weeks after hearing.
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.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :26.02.2019
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
WP(MD)No.2997 of 2019
S.Killivalavan
... Petitioner
Vs.
1.The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Represented by its Managing Director, Kumbakonam.
2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Nagapattinam Region, Nagapattinam.
2.The Administrator, Tamil Nadu State Transport Employees' Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai – 2.
... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 1st and 2nd respondents to pay the petitioner all the terminal benefits namely gratuity encashment of earned leave, social security scheme benefit and etc., forthwith together with 18% interest per annum and further directing the respondents to pay the petitioner forthwith pension and commutation of pension, along with arrears of monthly pension from the month of February 2018 under TNSTCE Pension Fund Rules together with 18% interest per annum within a time frame as may be fixed by this Court.
For Petitioner : Mr.S.Arunachalam For R-1 & R-2 : Mr.D.Sivaraman https://hcservices.ecourts.gov.in/hcservices/ For R-3 : Mr.AP.Muthupandian
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ORDER
This writ petition has been filed seeking to direct the 1st and 2nd respondents to pay the terminal benefits payable to the petitioner, on the basis of the petitioner's representation.
2.The claim made by the petitioner through his representation dated 25.01.2019, for settlement of the terminal benefits, has not been considered so far by the respondents, which resulted in filing of this writ petition.
3.The learned Standing Counsel appearing for the 1st and 2nd respondents submitted that the claim of the petitioner would be considered on merits.
4.Under such facts and circumstances of the case, this Court, without going into the merits of the petitioner's case, directs the 1st and 2nd respondents, to consider the petitioner's representation dated 25.01.2019 on merits and in accordance with law and pass appropriate orders, after affording opportunity of hearing to the petitioner. Such an exercise shall be carried out within a period of eight weeks from the date of receipt of a copy of this order.
5.With the above direction, this writ petition stands disposed of. No costs.
Sd/
Assistant Registar(CS-III)
/True copy/
Sub Assistant Registrar(CS )
dsk
To
1.The Managing Director,
The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam.
2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Nagapattinam Region, https://hcservices.ecourts.gov.in/hcservices/ Nagapattinam.
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3.The Administrator, Tamil Nadu State Transport Employees' Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai – 2.
+1cc to Mr.S.Arunachalam, Advocate in SR No.50069 +1cc to Mr.D.Sivaraman, Advocate in SR No.50079
WP(MD)No.2997 of 2019
NM/PS/03.05.2019/3P/6C
2 issues framed by the court
Whether to grant a writ of mandamus directing respondents to consider the petitioner's representation for terminal benefits without going into merits?
What timeframe should be fixed for the respondents to consider the representation on merits with a hearing opportunity?
1 provisions across 1 enactments
S.Killivalavan
Management of Tamil Nadu State Transport Corporation (Kumbakonam) Limited
General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited
Administrator, Tamil Nadu State Transport Employees' Pension Fund Trust
R.Mahadevan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
