Madras High CourtWP/1156/2017disposed of

A.Sekar, v. The Managing Director,

2017-03-17Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.03.2017

CORAM:

THE HON'BLE MR. JUSTICE T. RAJA W.P. No.1156 of 2017 A. Sekar Petitioner vs.

The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Ltd. Vazhuthareddy Villupuram - 605 602 The General Manager Tamil Nadu State Transport Corporation (Villupuram) Ltd. Vellore Region Vellore The Administrator Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme Thiruvalluvar House Pallavan Salai Chennai 600 002 Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents to disburse the payments relating to Gratuity, Pension Commutation, 12(3) settlement arrears, 5.5 pension arrears, D.A.arrears, CRBS amount, last ten days salary and all other attendant benefits by calculating D.A. eligible as per newly implemented scheme with interest at 12% per annum with effect from 01.08.2015 within a stipulated time.

For petitioner Mr. J. Pradeep For respondents Mr. R.K. Gandhi, Standing Counsel

ORDER

Mr. R.K. Gandhi, learned Standing Counsel, accepts notice for the respondents. 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

disburse the payments relating to Gratuity, Pension Commutation, 12(3) settlement arrears, 5.5 pension arrears, D.A.arrears, CRBS amount, last ten days salary and all other attendant benefits by calculating D.A. eligible as per newly implemented scheme with interest at 12% per annum with effect from 01.08.2015 within a stipulated time."

According to the petitioner, he, having joined as Driver on 14.06.1987 in Pattukottai Transport Corporation, retired from service as Special Grade Driver on 20.07.2015, on attaining the age of superannuation; since he was not paid with retirement benefits, except Provident Fund and Social Welfare Fund, he addressed a representation dated 14.12.2016 to the first respondent seeking early disbursement of his retirement benefits, viz., Gratuity, Pension Commutation, 12(3) settlement arrears, 5.5 pension arrears, D.A.arrears, CRBS amount and last ten days salary, which remains unconsidered, as a result of which, his family is reeling under poverty; further, similarly placed persons have been paid their retirement benefits on the basis of the direction given by this Court for the disbursement of the retirement benefits and hence, the present writ petition seeking the aforestated relief.

Considering the fact that the petitioner has retired as Special Grade Driver in the respondent-Transport Corporation and has addressed a representation dated 14.12.2016 to the first respondent seeking early disbursement of his retirement benefits which is under consideration, this Court directs the first respondent to consider and pass orders on the petitioner's representation dated 14.12.2016 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] and disburse the petitioner's retirement benefits, if any, provided, he has retired without any disciplinary proceedings pending against him, in 12 equal monthly instalments with the first instalment commencing from the first week of June 2017.

The writ petition stands disposed of with the above direction. Costs made easy.

sd/ Assistant Registrar //True Copy// Sub Assistant Registrar cad

To The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Ltd. Vazhuthareddy Villupuram - 605 602 The General Manager Tamil Nadu State Transport Corporation (Villupuram) Ltd. Vellore Region Vellore The Administrator Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme Thiruvalluvar House Pallavan Salai Chennai 600 002 +1cc to Mr.J.Pradeep, Advocate SR.No.16688 W.P. No.1156 of 2017 SKS(CO) GN(27/03/2017)