This petition sought directions to pay pensionary benefits. The High Court held the claim dismissed on merits as the petitioner was employed by the Transport Corporation, not the Department, and due to significant delay invoking laches.
Petition dismissed on merits and on the ground of laches. No order as to costs.
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.
WP No.16270 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12-07-2022
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
WP No.16270 of 2015
L.Palaniappan
.. Petitioner
vs.
1.The Secretary to Government, Transport Department, Government of Tamil Nadu, Fort St. George, Chennai – 600 009.
2.The Finance Advisor, The Metro Transport Corporation Ltd., Pallavan House, Chennai Division - I, (Formerly Pallavan Transport Corporation Ltd), Annasalai, Chennai – 600 002. .. Respondents
Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, to direct the respondents 1 and 2 to pay the pensionary benefits accumulated from 29.05.1979 onwards
1/6
WP No.16270 of 2015
from which date the petitioner had completed the required service of ten years with future benefits.
For Petitioner : Mr.V.Chinnasamy
For Respondent-1 : Ms.S.Anitha, Special Government Pleader. For Respondent-2 : Mr.C.Gauthama Raj
O R D E R
The relief sought for in the present writ petition is to direct the respondents 1 and 2 to pay the pensionary benefits accumulated from 29.05.1979 onwards from which date the petitioner had completed the required period of ten years with pension benefits.
2. The petitioner states that he was initially appointed in the Indian Red Cross Society. He joined duty on 30.05.1969 and was working till 30.08.1974. Subsequently, the petitioner was absorbed in the Transport Department as Labour Welfare Inspector and joined duty on 31.08.1974.
2/6
WP No.16270 of 2015
The petitioner was promoted as Assistant Manager In-charge and retired from service on 30.06.1996 as Assistant Manager.
3. Admittedly, the petitioner was allowed to retire from service
on attaining the age of superannuation on 30.06.1996. All the terminal and pensionary benefits due to him during the relevant point of time were settled in favour of the petitioner.
4. The petitioner had not raised any objections during the relevant point of time. The present writ petition is filed after a lapse of about
18 years from the date of retirement of the petitioner.
5. The claim of the writ petitioner is that he was appointed in the Transport Department. However, the learned counsel for the respondent disputed the same by stating that the writ petitioner was appointed by the Transport Corporation and not by the Transport Department of the Government of Tamil Nadu. Therefore, he is not eligible to avail the pensionary benefits applicable to the Transport Department of the
3/6
WP No.16270 of 2015
Government of Tamil Nadu. The Transport Corporation terminal benefits due to the writ petitioner were already settled at the time of his retirement.
Now the petitioner filed the present writ petition at the age of 76 years and as of now, he would be around 84 years.
6. The writ petition has been filed belatedly a fter a lapse of about 18 years from the date of retirement of the writ petitioner. That apart, the benefits as applicable due to the writ petitioner was settled at the time of his retirement.
both on merits and on the ground of laches. However, there shall be no order
as to costs.
12-07-2022
Index : Yes/No. Internet : Yes/No. Speaking Order/Non-Speaking Order. Svn
4/6
WP No.16270 of 2015
To
1.The Secretary to Government, Transport Department, Government of Tamil Nadu, Fort St. George, Chennai – 600 009.
2.The Finance Advisor, The Metro Transport Corporation Ltd., Pallavan House, Chennai Division - I, (Formerly Pallavan Transport Corporation Ltd), Annasalai, Chennai – 600 002.
5/6
WP No.16270 of 2015
S.M.SUBRAMANIAM, J.
Svn
WP 16270 of 2015
12-07-2022
6/6
1 issue framed by the court
Whether the petitioner is entitled to claim pensionary benefits accumulated after a lapse of 18 years from the date of retirement.
L.Palaniappan
The Secretary to Government, Transport Department, Government of Tamil Nadu
The Finance Advisor, The Metro Transport Corporation Ltd.
S.M.SUBRAMANIAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
