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2010 Supreme(Mad) 3868

S.TAMILVANAN
C. Nagarajan – Appellant
Versus
The Management Tamil Nadu State Transport Corporation, Kumbakonam – Respondent


Advocates Appeared:
For the Petitioner:V. Ajay Khose, Advocate.
For the Respondents:R1 - M. Ravibharathi, R2 - R. Singgaravelan, Advocates.

Judgment :-

1. This Writ petition has been filed by the petitioner under Article 226 of the Constitution of India, seeking an order in the nature of a Writ of Mandamus directing the respondents to pay the petitioner monthly pension commuted value of pension along with arrears and interest for the delayed payment as per order in Ref. No. TNSTC.KD. I /AO7/PF3/PPO-577/2003, dated 19.02.2003 passed by the respondent.

2. The petitioner herein joined the services of the respondent Corporation as Driver on 23.08.1976. According to him, due to continuous strain and stress involved in the work, he suffered heart alignment and he was forced to take treatment. Hence, he opted for voluntary retirement under the Voluntary Retirement Scheme (hereinafter referred to as VRS). According to the petitioner his VRS application was accepted by the respondent and he was permitted to retire from services on 27.09.1998. As per the terms of the settlement arrived at between the workman federation and the Management, the petitioner is entitled to get new scale of pension, being formulated and implemented for the employees of the State owned transport Corporation. It is not in dispute that under the VRS Schem


























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