M.S.Natarajan, v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.03.2017
CORAM:
THE HON'BLE MR. JUSTICE T. RAJA W.P. No.6596 of 2017 M.S. Natarajan ..
Petitioner vs.
The State of Tamil Nadu represented by its Secretary Transport Department Fort St. George Chennai 600 009 The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd.
represented by its Managing Director No.19, Trivandrum Road Vannarpettai Post Tirunelveli 627 003 The General Manager Tamil Nadu State Transport Corporation (Tirunelveli) Ltd.
Nagercoil Region Ranithottam Nesamani Nagar Nagercoil 629 001 ..Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents to pay to the petitioner, the gratuity amount, earned leave salary and medical leave salary amounting to a total sum of Rs.4,33,901/- along with other terminal benefits, if any, with interest, calculated from the date of his retirement, in pursuance of the order of the third respondent vide, O.O. No.3864/A4/TSTC/2013-1 dated 31.05.2013 within a time limit on the basis of the petitioner's representation dated 09.12.2016. For petitioner :Mr. N. Rajan For R1 :Mr.T.M. Pappiah, Spl.Govt. Pleader For RR 2 & 3 :Mr.P.Paramasivadoss, StandingCounsel
ORDER
Mr. T.M. Pappiah, learned Special Government Pleader, accepts notice for the first respondent. Mr. P. Paramasivadoss, learned Standing Counsel, accepts notice for respondents 2 and
3. With consent, this writ petition is taken up for final disposal at the admission stage itself.
This writ petition has been preferred seeking the following relief:
"a writ of mandamus directing the respondents to pay to the petitioner, gratuity amount, earned leave salary and medical leave salary amounting to a total sum of Rs.4,33,901/- along with other terminal benefits, if any, with interest, calculated from the date of his retirement, in pursuance of the order of the third respondent vide, O.O. No.3864/A4/TSTC/2013-1 dated 31.05.2013 within a time limit on the basis of the petitioner's representation dated 09.12.2016." The petitioner joined the service of the erstwhile Nesamani Transport Corporation as Driver in 1985, his services were confirmed with effect from 24.12.1986 and he retired from service as Special Driver on 31.05.2013 on reaching the age of superannuation. However, except the Provident Fund amount, he was not paid with the aforesaid benefits. Ergo, the petitioner has addressed a representation dated 09.12.2016 to the second respondent, but, to no avail. Hence, he has preferred this writ petition for the relief, as aforestated.
Since the petitioner's representation dated 09.12.2016 has been pending consideration, without going into the merits of the case, the second respondent is directed to consider and pass orders on the same, in the light of the order dated 12.06.2015 passed by a Division Bench of the Madurai Bench of Madras High Court in W.A.No.(MD)Nos.383 to 457 of 2015, [K.Rajendran and others Vs. Tamil Nadu State Transport Corporation, represented by its Managing Director, Madurai-10 and 3 others], within a period of twelve weeks from the date of receipt of a copy of this order.
The writ petition stands disposed of with the above direction. Costs made easy.
-Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar To The Secretary Transport Department State of Tamil Nadu Fort St. George Chennai 600 009 The Managing Director The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd.
No.19, Trivandrum Road Vannarpettai Post Tirunelveli 627 003 The General Manager Tamil Nadu State Transport Corporation (Tirunelveli) Ltd.
Nagercoil Region Ranithottam Nesamani Nagar Nagercoil 629 001 +1 cc to Mr.N.Rajan, Advocate Sr.No.17472 +1 cc to The Government Pleader Sr.No.17023 W.P. No.6596 of 2017 LRS(CO) RRI 27/03/2017