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The Management Of Tamil Nadu vs T.Venkatasubramanian .. 1St
2023 Latest Caselaw 5634 Mad

Citation : 2023 Latest Caselaw 5634 Mad
Judgement Date : 7 June, 2023

Madras High Court
The Management Of Tamil Nadu vs T.Venkatasubramanian .. 1St on 7 June, 2023
                                                                                WA(MD)No.563 of 2013



                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED: 07.06.2023

                                                       CORAM

                                    The Honourable Mr. Justice R.SURESH KUMAR
                                                           and
                                   The Honourable Mr. Justice K.K.RAMAKRISHNAN

                                           WA .(MD)Nos.563 to 567 of 2013
                                                         and
                                           M.P.Nos.1 to 1 and 2 to 2 of 2013

                     The Management of Tamil Nadu
                     State Transport Corporation
                     Ltd., Madurai Region
                     Rep. by its General Manager
                     Madurai.                                              .. Appellant in all
                                                                       WA Nos.563 to 565

                     1.The Managing Director,
                       Tamilnadu State Transport
                       Corporation (Madurai) Limited
                       Byepass Road, Madurai.

                     2.TamilNadu State Transport
                       Corporation (Madurai) Limited,
                       Nagercoil Region
                       Rep. by its Assistant Manager, (Pension/P.F)
                       Rani Thottam, Nagercoil.                            ... Appellants in
                                                                       WA Nos.566&567/2013
                                                         Vs.

                     1.T.Venkatasubramanian                                    .. 1st Respondent in
                                                                               WA.No.563/2013

                     Page 1 of 5



https://www.mhc.tn.gov.in/judis
                                                                                      WA(MD)No.563 of 2013

                     1.S.Ganapathy                                                   .. 1st Respondent in
                                                                                     WA No.564/2013

                     1.R.Devaraj                                                     ..1st Respondent in
                                                                                     WA No.565/2013

                     1.A.Rengasamy Asari                                             .. 1st Respondent in
                                                                                     WA No.566/2013

                     1.P.Sami Asari                                                  .. 1st respondent in
                                                                                     WA No.567/2013
                     2.The Administrator
                       TNSTC Employees Pension Fund Trust,
                       Thiruvalluvar House
                       Pallavan Salai
                       Chennai 2                                                     .. 2nd Respondent
                                                                                     in all appeals
                                  Appeals are filed under Clause 15 of Letters Patent Act against the
                     order dated 15.06.2009 passed by this Court in WP(MD) Nos.2406, 2408,
                     2410, 1829 and 1830 of 2009.
                                          For Appellants      : Mr.K.Mahendran

                                          For Respondents     : Mr.A.Rahul for R1 in
                                                                WA(MD) No.565/2013
                                                                No appearance for the respondents
                                                                in WA(MD) Nos.563, 564, 566
                                                                and 567/2013

                                                    COMMON JUDGMENT

                             [Judgment of the Court was delivered by R.SURESH KUMAR, J.]


                                  These writ appeals have been directed against the common order

                     passed by the writ Court dated 15.06.2009 in the respective writ petition.

                     Page 2 of 5



https://www.mhc.tn.gov.in/judis
                                                                                      WA(MD)No.563 of 2013

                                  2. In those writ petitions, the respondent workmen, who are the

                     employees of the appellant Transport Corporation at various divisions, had

                     sought for commuted value of pension with interest at 18% per annum,

                     since that was not given, they were made to approach this Court by filing

                     the writ petition in a batch of cases.



                                  3. Hearing the parties, the learned Judge was of the view that whether

                     the retired employees of the transport corporation would be entitled to get

                     interest as well as commuted value of pension in one lumpsum has already

                     been decided in number of cases and therefore, those employees would be

                     entitled to get commuted value of pension with interest. Therefore, the

                     respective writ petitions were allowed by the impugned order dated

                     15.06.2009 by the writ Court.



                                  4. In this context, when these writ appeals were taken up for hearing,

                     the learned standing counsel for the appellant Corporation has endorsed the

                     statement made by the learned counsel for the respondent workmen that

                     during the pendency of these intra court appeals, the appellant transport

                     corporation had respectively come forward to make settlement to each of the

                     Page 3 of 5



https://www.mhc.tn.gov.in/judis
                                                                                     WA(MD)No.563 of 2013

                     workman and according to the instructions he has received, the due payable

                     by way of commuted value of pension as well as the calculated interest had

                     already been paid to all the respondent workmen. Therefore, virtually,

                     nothing survives in these writ appeals, he contended. The said submission of

                     the learned counsel for the respondents is not controverted by the learned

                     standing counsel for the appellants.



                                  5. In view of the aforesaid submission, by recording the submissions

                     of the learned counsel for the appellant and respondents, we feel that no

                     further adjudication is required in these intra-Court appeals. Hence, these

                     intra-court appeals are disposed of accordingly. No costs. Consequently

                     connected Miscellaneous Petitions are closed.



                                                                       (R.S.K.,J.) (K.K.R.K.,J.)
                                                                             07.06.2023
                     Index              : Yes/No
                     Internet           : Yes
                     RR




                     Page 4 of 5



https://www.mhc.tn.gov.in/judis
                                                 WA(MD)No.563 of 2013

                                          R.SURESH KUMAR,J.

and K.K.RAMAKRISHNAN,J.

RR

WA.(MD)Nos.563 to 567 of 2013

07.06.2023

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

 
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