Disposed¶39

E.Chinnikrishnan v. the Secretary to Government

Madras HC29 Jan 2025WP/2324/2025

Case brief

AI extract

What is this about?

Keywords: writ of mandamus; Article 226; pension arrears from 30.06.2022; appointment date 01.12.1989; terminal benefits; State Express Transport Corporation(Tamilnadu) Ltd.; non-compliance with earlier direction in W.P.No.3858 of 2024 (disposed 19.02.2024); representation dated 12.11.2024; enquiry with reasonable opportunity of hearing; twelve-week compliance timeline; no opinion on merits; disposed without costs; Madras High Court; V. Bhavani Subbaroyan, J.; retired Transport Department employee.

What did the court decide?

Direction to the second respondent to consider the petitioner's case and pass orders after an enquiry affording reasonable opportunity of hearing, within twelve weeks from receipt of a copy of the order; no order as to costs. ¶39

E.Chinnikrishnan Vs the Secretary to Government — Writ and Judicial Review | Madras HC (2025)

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W.P.No.2324 of 2025

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THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 29.01.2025

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CORAM:

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THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN

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W.P.No.2324 of 2025

Mr.E.Chinnikrishnan

...Petitioner

The Secretary to Government, Transport Department, Fort St. George, Chennai – 600 009.

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The Managing Director, State Express Transport Corporation(Tamilnadu) Ltd., Pallavan Illam, Anna Salai,

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Chennai – 600 002. ...Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of

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India to issue a Writ of Mandamus directing the second respondent herein

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to consider appointment date as 01.12.1989 and to pay the pension regularly along with arrears of pension from 30.06.2022 and pass orders.

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For Petitioner : Mr.P. Roopavathi For Respondent- 1 : Mr.Stalin Abhimanyu AGP For Respondent- 2 : Mr.LSM. Hasan Fizay, SC

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1/5 https://www.mhc.tn.gov.in/judis

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W.P.No.2324 of 2025

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ORDER

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By consent of both parties, this writ petition is taken up for

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final disposal at the stage of admission itself.

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2. This petition is filed seeking to issue a Writ of Mandamus directing the second respondent herein to consider appointment date as 01.12.1989 and to pay the pension regularly along with arrears of pension from 30.06.2022 and pass orders.

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The facts of the case is that the petitioner is a retired employee from the Transport Department. The grievance of the petitioner is that he has already approached this Court in W.P.No.3858 of 2024 to grant terminal benefits without delay and to pay the regular pension and arrears of pension from 30.06.2022. The said writ petition was disposed of on 19.02.2024 with a direction to the second respondent to disburse the pensionary benefits and also pay regular pension to the petitioner within a period of eight weeks from the date of receipt of a copy of the order. Inspite of the same the second respondent has not turned up, due to which the petitioner gave a representation to the respondents on

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

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W.P.No.2324 of 2025

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12.11.2024 regarding the said issue. However, there was no progress in the said representation, which has given rise to this petition.

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The learned counsel for the petitioner submitted that it would be

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suffice if this Court issues a direction to the second respondent to comply with the orders passed by this Court in W.P.No.3858 of 2024 on 19.02.2024 and pass orders.

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5.The learned standing counsel appearing for the second

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respondent submitted that they will consider the case of the petitioner and pass orders on merits and in accordance with law.

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Heard both sides and perused the materials available on records.

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Considering the facts of the case, this Court without expressing

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any opinion on the merits of the case directs the second respondent to consider the case of the petitioner and pass orders after conducting an enquiry by affording reasonable opportunity of hearing to the petitioner, within a period of twelve weeks from the date of receipt of a copy of this

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

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W.P.No.2324 of 2025

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order.

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8 . With the above observations this writ petition stands disposed

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of. No order as to costs.