S.Palaniappan v. M/S. Tamil Nadu State Transport Corporation,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.02.2020

CORAM

THE HONOURABLE Mr.JUSTICE N.ANAND VENKATESH WP.No.3912 of 2020 S.Palaniappan .. Petitioner - Vs -

1. M/s.Tamil Nadu State Transport Corporation, (Salem Division), Rep. by its Managing Director, No.12, Ramakrishna Road, Salem-636 007.

2. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Rep. by its Administrator, Pallavan Salai, Chennai-600 002.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the Respondents to settle a sum of Rs.82,800/- towards interest on gratuity, a sum of Rs.40,000/- towards balance commutation. A sum of Rs.5,000/- towards contribution made to Institute of Road Transport, a sum of Rs.80,000/- towards Employees Retirement Benefit Scheme, a sum of Rs.24,000/- towards Family Welfare Fund, and a sum of Rs.1,14,756/- towards voluntary Provident Fund with 6% interest by considering the representation dated 01.03.2019 and 19.09.2019.

For Petitioner : Mr.D.Soundar Raj For Respondents : Mr.D.Raghu Standing Counsel for R1 Mr.P.S.Sivashanmugasundaram Special Government Pleader for R2 ***

O R D E R

This writ petition has been filed for the issue of writ of Mandamus directing the respondents to settle the dues towards Gratuity, Commutation of pension, Contribution to Institute Road Transport and other retirement benefits with interest at the rate of 6% per annum based on the representations made by the petitioner on 01.03.2019 and 19.09.2019.

2. The case of the petitioner is that he was appointed as Driver in the year 1985 in the respondent-Corporation. The petitioner attained superannuation on 30.04.2015 as a Selection Grade Driver. The grievance of the petitioner is that the petitioner was only settled a sum of Rs.5,75,000/- and there are other dues under various heads, which are yet to be settled to the petitioner. The petitioner, therefore, made representations to the respondents dated 01.03.2019 and 19.09.2019 seeking for the settlement of the benefits. Since the same was not considered, the present writ petition has been filed before this Court.

3. Heard Mr.D.Soundar Raj, learned counsel appearing on behalf of the petitioner, Mr.D.Raghu, learned counsel appearing on behalf of the first respondent and Mr.P.S.Sivashanmugasundaram, learned Special Government Pleader appearing on behalf of the second respondent.

4. Taking into consideration the facts and circumstances of the case and the limited relief that has been sought for in this writ petition, there shall be a direction to the respondents to consider the representations made by the petitioner on 01.03.2019 and 19.09.2019 in accordance with law and the entire benefits sought for by the petitioner shall be settled to him, if he is entitled, within a period of six (6) weeks from the date of receipt of a copy of this order by passing appropriate orders.

The petitioner is directed to make a fresh representation to the respondents along with the copy of representations dated 01.03.2019 and 19.09.2019 and a copy of this order.

5. This writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar(CS-VIII) // True Copy// Sub Assistant Registrar KMI

To

1. M/s.Tamil Nadu State Transport Corporation, (Salem Division), Rep. by its Managing Director, No.12, Ramakrishna Road, Salem-636 007.

2. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Rep. by its Administrator, Pallavan Salai, Chennai-600 002.

+1cc to Mr.D.Raghu, Advocate, SR.No.14004.

WP.No.3912 of 2020 KK(CO) CSR: 17/03/2020