IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-12-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI

P.Parthiban

Petitioner(s)

Vs

The State Express Transport Corporation,

Rep By Its Managing Director,

No.2, Pallavan Salai,

Chennai - 600 002.

Respondent(s)

PRAYER

This Writ Petition filed under Article 226 of the Constitution of India, in the nature of Writ of Mandamus, seeking a direction against the respondent herein to settle the entire retirement benefits and pension by taking the petitioner’s entire service of 30 years from 1978 to 31.3.2008 and pay the consequential benefits with 6% interest to the petitioner, by considering the representation of

the petitioner dated 10.11.2025.

For Petitioner(s): Mr.D.Soundar Raj

For Respondent: Mr.T.Chandrasekaran

ORDER

This Writ Petition has been filed seeking issuance of writ of mandamus, directing the respondent herein to settle the entire retirement benefits and pension by taking the petitioner’s entire service of 30 years from 1978 to 31.03.2008 and pay the consequential benefits with 6% interest to the petitioner, by considering the representation of the petitioner dated 10.11.2025.

2. With the consent of the learned counsel appearing on either side, this Writ Petition is taken up for disposal at the admission stage.

3. The learned counsel appearing for the petitioner would submit that the petitioner was appointed as Driver in the year 1978 in the respondent Corporation and his age of retirement is on 31.03.2008. Prior to that, on 09.10.1988, the petitioner met with an accident with a lorry near Melmaruvathur while driving the respondent Corporation bus. In this accident, his right hand and right leg got fractured. Hence, he was given light duty. Due to disability arised in the course of employment and based on the report of Medical Board that the petitioner is not fit for driver duty, he was removed from vide order dated 21.04.1993. Challenging the same, the petitioner raised dispute in I.D.No.34 of 1994 before the Labour Court, Salem and, the Labour Court, by its order dated 03.04.1996 directed the respondent to reinstate the petitioner in the same post with continuity of service with back wages.

4. Learned counsel for the petitioner further submit that aggrieved by the award of the Labour Court, the respondent preferred W.P.No.3235 of 1998 and the same was dismissed by this Court on 20.10.2010. Subsequently, the petitioner filed an appeal in W.A.No.1435 of 2011 and this Court, by its order dated 10.11.2011 disposed of the same with a direction to the respondent to reinstate the petitioner into service. Prior to that, the petitioner was retired from service on 31.03.2008 thereafter, 17-B wages alone settled in favour of the petitioner however, balance amount like terminal benefits, provident fund, gratuity and pension has not been settled thereby, the petitioner made a representation on 10.11.2025 to the respondent. Since no order was passed, the present writ petition is filed.

5. Considering the facts and circumstances of the case, there will be a direction to the respondent to settle the eligible benefits to the petitioners, if any not already settled, within a period of six weeks from the date of receipt of a copy of this order.

6. This Writ Petition is disposed of with the above terms. No costs.

05-12-2025 kkn Index:Yes/No Speaking/Non-speaking order Neutral Citation:Yes/No To

1.The Managing Director State Express Transport Corporation No.2, Pallavan Salai, Chennai-600 002 M.DHANDAPANI J.

kkn

05-12-2025