D.Christopher Arther Paul, v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.02.2019
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.3027 of 2019 D.Christopher Arther Paul ...
Petitioner Vs 1.The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, No.12, Ramakrishnan Road, Salem - 636 007.
2.The General Manager, Tamil Nadu State Transport Corporation (Salem) Limited, Dharmapuri Region, Bharathipuram Dharmapuri - 636 705.
3.The Administrator, Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
...
Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to settle the petitioner's retirement benefits including Provident Fund, Gratuity, EL & ML Surrender, Social Welfare, D.A., IRT, E.L.Surrender arrears and Settlement Amount (VII Pay Commission) with interest at the rate of not less than 18% per annum payable from the date of retirement and consequently directing the respondents to pay interest at the rate of 18% per annum for the belated settlement of retirement benefits to the petitioner payable from the date of retirement i.e., 30.06.2018 to till date of actual payment to the petitioner within the time that may be stipulated by this Court.
For Petitioner : Mr.T.Pappaiah Dharmarajan For Respondents : Ms.Rajeni Ramadoss
O R D E R
The grievance of the petitioner is that the petitioner was working as Senior Superintendent in the respondent Corporation and retired from service on superannuation on 30.06.2018 and the terminal benefits due to him were not settled. Hence, the petitioner sent a representation dated 07.01.2019 to the respondents seeking terminal benefits and interest for the belated payments of terminal benefits due to him, but the same was not considered. Hence, the petitioner has filed the present writ petition seeking appropriate relief. .
2. Ms.Rajeni Ramadoss, learned counsel takes notice on behalf of the respondents and submits that the representation of the petitioner would be considered on merits and in accordance with law, within the time stipulated by this Court.
3. Considering the facts and circumstances of the case, without going into the merits of the matter, the respondents are directed to consider the representation of the petitioner dated 07.01.2019, on merits and in accordance with law, and pass orders after affording an opportunity of personal hearing to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order. The writ petition is disposed of in the above terms. No costs.
Sd/- Assistant Registrar //True copy// Sub Assistant Registrar vsi2 To 1.The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, No.12, Ramakrishnan Road, Salem - 636 007.
2.The General Manager, Tamil Nadu State Transport Corporation (Salem) Limited, Dharmapuri Region, Bharathipuram Dharmapuri - 636 705.
3.The Administrator, Tamil Nadu State Transport Corporation, Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
+1cc to Mr.S.Rajeni Ramadass, Advocate SR.No.8956 +1cc to Mr.M.Selvam, Advocate SR.No.8687 W.P.No.3027 of 2019 SV(CO) GMY(05/03/2019)