The Management Of Tamil Nadu State ... vs M.Iqbal
2021 Latest Caselaw 3137 Mad

                                                                        W.A.(MD)No.240 of 2021

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                             DATED : 09.02.2021

                                                   CORAM:
                             THE HONOURABLE MR.JUSTICE M.M.SUNDRESH
                                                     AND
                               THE HONOURABLE MRS.JUSTICE S.ANANTHI
                                           W.A.(MD)No.240 of 2021
                                                   and
                                          C.M.P.(MD)No.714 of 2021

                 The Management of Tamil Nadu State Transport Corporation
                       (Kumbakonam) Ltd.,
                 Karaikudi Region,
                 Rep. by its General Manager,
                 Karaikudi.                                         : Appellant

                                                      Vs.

                 1.M.Iqbal

                 2.The Administrator,
                   Tamil Nadu State Transport Employees Pension Fund Trust,
                   Thiruvalluvar Illam,
                   Anna Salai,
                   Chennai – 2.                                      : Respondents
                 PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent as against the
                 order dated 10.02.2020 made in W.P.(MD)No.27313 of 2019.


                                  For Appellant     : Mr.P.M.Vishnuvarthanan
                                                     *****


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                                                                                W.A.(MD)No.240 of 2021

                                                      JUDGMENT

(Judgment of the Court was delivered by M.M.SUNDRESH, J.)

This is a second round of litigation, after the award passed in favour of the

writ petitioner has become final inter se parties.

2. The writ petition has been filed by the writ petitioner on the premise that

the period commencing from 18.09.2008 to 30.04.2018 has to be treated as

in-service, though he is not entitled for the backwages for the same. This claim has

been made in tune with the award, as confirmed by this Court. The learned Single

Judge accordingly allowed the writ petition.

3. The learned Counsel appearing for the appellant submitted that having

received the benefits and reached the age of superannuation, it is not open to the

writ petitioner to make such claim.

4. The said submission made by the learned Counsel appearing for the

appellant does not find favour with us. What the writ petitioner seeks is the benefit

in tune with the award. The award, as confirmed by this Court, disentitle the writ

petitioner from getting the salary, but, he is deemed to be in continuation of

http://www.judis.nic.in W.A.(MD)No.240 of 2021

service. Once the said issue has already been dealt with in favour of the writ

petitioner, the consequent will have to flow from it. Therefore, the said period has

to be taken as continuation of service and on that basis, the resultant benefits will

have to be given to the writ petitioner.

5. In such view of the matter, we do not find any merit in this writ appeal

and the same is, accordingly, dismissed. No costs. Consequently, connected

miscellaneous petition is closed.

                 Index          : Yes / No                    [M.M.S.,J.] [S.A.I.,J.]
                 Internet       : Yes                             09.02.2021
                 gk








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                            W.A.(MD)No.240 of 2021

                             M.M.SUNDRESH, J.

                                             AND

                                  S.ANANTHI, J.

                                               gk




                          W.A.(MD)No.240 of 2021




                                       09.02.2021








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