J.NISHA BANU, J. - (1.) The prayer in this writ petition is for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the proceedings of the second respondent in TNSTC/KUM/TRY/SM1/17051/2013 dated 25.02.2015 quashing the same and consequently directing the respondents to fix the pension in accordance with the representation made by the petitioner on 23.07.2013 along with interest as may be fixed by this Court.
(2.) Learned counsel for the petitioner would state that the petitioner was working as a driver in the 1st respondent corporation and he retired from service on 31.01.2013. Since he was not settled with his terminal benefits, he made representation and since it was not considered, he filed W.P(MD)No.17051/2013 which was disposed of on 16.07.2014 directing the respondents to consider the petitioner's representation within three months and now the 2nd respondent considered the representation and passed the impugned order whereby, the terminal benefits payable to the petitioner was calculated at Rs.1,69,281/- and a sum of Rs. 5,00,587/- has been calculated as the amount payable by the petitioner to the corporation which includes the balance payable to the Transport Employees Co-operative Thrift Society Limited, Kumbakonam Division-II and also the sum that was alleged to be the yearly increment withheld as a way of punishment. According to the petitioner, no such due is payable by him to the society and he has also obtained a No Due Certificate from the said society and as regards the withholding of increment, he would state that it is a punishment which the petitioner undergone and therefore, it need not be paid by him to the corporation. Thus, he would pray for setting aside the impugned order of recovery.
(3.) Learned standing counsel for the respondents would fairly state that a batch of writ appeals filed against the orders passed in the similar batch of writ petitions relating to the issue raised in the present writ petition, were dismissed by the Hon'ble Division Bench by a common judgment dated 30.06.2017 in W.A(MD)No.465/2011 etc., batch.;