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Sivakumar, v. The Managing Director

Madras HC6 Feb 2025WP/10041/2018

Case brief

AI extract

What is this about?

Writ of mandamus; Article 226; gratuity; pension; commutation; revised rate of dearness allowance; 30 years of service; medical discharge 26.12.1995; accident; reinstatement; alternative employment from 13.07.1998; out-of-employment period 26.12.1995–22.04.1998; regularization; EPF; representation dated 09.04.2018; Tamilnadu State Transport Corporation (Salem) Limited; Tamil Nadu State Transport Corporation Employees Pension Trust; TNSTC; W.P.No.10041 of 2018; disposed with direction to consider representation within four weeks; no costs.

What did the court decide?

Direction to the second respondent (Administrator, Tamil Nadu State Transport Corporation Employees Pension Trust) to consider the petitioner's representation dated 09.04.2018 and pass appropriate orders on merits within four weeks; writ petition disposed with no costs.

Sivakumar, Vs The Managing Director — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondents should be directed to pay the petitioner the difference in payment of gratuity, pension and commutation at the revised rate of dearness allowance, taking into account 30 years of service. +1 more

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Court's answer

This Court disposed of the writ petition by directing the second respondent to consider the petitioner's representation dated 09.04.2018 and pass appropriate orders on merits within a period of four weeks from receipt of a copy of the order; no costs awarded.

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Key takeaways

Observation of the Court that no regularization order had so far been passed in respect of the period during which the petitioner was out of employment, and that unless the representation is considered the petitioner cannot know his post-retirement entitlements.obiter¶26

Detailed headnote1 paragraphs

Writ Petition (High Court of Judicature at Madras, single Judge – Ms. Justice R.N. Manjula; disposed 06.02.2025): A Conductor of Tamilnadu State Transport Corporation (Salem) Limited, appointed on 21.09.1985 and discharged on medical grounds by order dated 26.12.1995 after an accident, was paid Rs.15,683/- as gratuity at discharge and later reinstated through alternative employment from 13.07.1998 pursuant to a settlement; he retired on 31.10.2017. The out-of-employment period 26.12.1995 to 22.04.1998 was neither regularized nor counted towards post-retirement benefits such as gratuity and EPF, and his representation dated 09.04.2018 seeking payment of the difference in gratuity, pension and commutation at the revised rate of dearness allowance (counting 30 years of service) went unconsidered. Filed under Article 226 of the Constitution of India, the petition was disposed of by directing the second respondent (Administrator, Tamil Nadu State Transport Corporation Employees Pension Trust) to consider the representation and pass appropriate orders on merits within four weeks. No costs.

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W.P.No.10041 of 2018

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 06.02.2025

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CORAM

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THE HONOURABLE Ms.JUSTICE R.N.MANJULA

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W.P.No.10041 of 2018

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Sivakumar,

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S/o. Sengoda Goundar, 5/120 M.B.T.R.Nagar, Masinayakkanpatti, Ayothiyapattinam Post, Salem – 636 103.

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... Petitioner

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Vs.

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The Managing Director, Tamilnadu State Transport Corporation (Salem) Limited, 12, Ramakrishna Salai, Salem – 636 007.

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The Administrator, Tamil Nadu State Transport Corporation Employees Pension Trust, Administrative Office, Thiruvalluvar House, Pallavan Salai, Chennai – 600 002. ... Respondents

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PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of Writ of mandamus to direct the respondents to pay the difference in payment of gratuity, pension and commutation, at the revised rate of dearness allowance, taking into account of 30 years of service.

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https://www.mhc.tn.gov.in/judis

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W.P.No.10041 of 2018

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For Petitioner : Mr.G.Pugazhenthi For R1 & R2 : Mr.M.Aswin Standing Counsel for TNSTC

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ORDER

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The petitioner has filed this writ petition to direct the respondents to pay

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the difference in payment of gratuity, pension and commutation, at the revised

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rate of dearness allowance, taking into account of 30 years of service.

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The petitioner was appointed as a Conductor in the respondent corporation on 21.09.1985 and he retired from service on 31.10.2017. During the course of his service he met with an accident and hence he was discharged from service by an order dated 26.12.1995 on medical grounds. At the time of discharge he was given with a sum of Rs.15,683/- as gratuity and thereafter in view of the settlement between himself and the corporation, he was reinstated in the service and given with an alternative employment on and from 13.07.1998. The period between 26.12.1995 and 22.04.1998 was out of employment. But the said period has not been included for the service benefits like gratuity and EPF of the petitioner post retirement. The representation given by the petitioner on 09.04.2018 in this regard was also not considered by the respondents so far.

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https://www.mhc.tn.gov.in/judis

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W.P.No.10041 of 2018

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It is learnt that so far no regularization order has been passed in respect of the period during which the petitioner was out of employment. Unless the petitioner's representation is considered and suitable order is passed, the petitioner may not be able to understand for what benefits will he be entitled to get subsequent to his retirement.

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In view of the above observation, this writ petition is disposed by

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directing the second respondent to consider the representation of the petitioner dated 09.04.2018 and pass appropriate orders on merits, within a period of four weeks from the date of receipt of a copy of this order. No costs.

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06.02.2025

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Index : Yes/No Neutral citation : Yes/No Speaking Order/Non-Speaking Order bkn

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To:

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The Administrator, Tamil Nadu State Transport Corporation Employees Pension Trust, Administrative Office, Thiruvalluvar House, Pallavan Salai, Chennai – 600 002.

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https://www.mhc.tn.gov.in/judis

W.P.No.10041 of 2018

R.N.MANJULA, J.

bkn

W.P.No.10041 of 2018