N. Dhanakodi v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:14.06.2016

CORAM

THE HON'BLE MR.JUSTICE B.RAJENDRAN W.P.No.15068 of 2016 and W.M.P.No.13143 of 2016 N.Dhanakodi .. Petitioner vs The Managing Director Tamil Nadu State Transport Corporation (Salem) Limited No.7, Ramakrishna Road Salem 636 007.

.. Respondents Writ petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the respondent to disburse the retirement benefits i.e., gratuity, ERBS [Employees Retirement Benefits Scheme Pension] surrendered earned leave, salary, IRT [Institute of Road Transport] share amount paid towards medical, engineering and polytechnic colleges, Dearness Allowance arrears with effect from January 2012 onwards upto date with interest at the rate of 10% p.a. upto the date of payment within a stipulated time that may be fixed by this Court.

For Petitioner : Mr.S.Ayyathurai For Respondents : Mr.P.Paramasivadoss

O R D E R

The petitioner, who joined the services as Driver in the Tamil Nadu State Transport Corporation (Salem) Ltd., retired from service on 28.02.2013. At the time of retirement, he was working as a Selection Senior Grade Driver. According to the petitioner, though he had retired from service three years ago, till date he was not paid with any other retirement benefits. Hence, the present writ petition.

2. Heard the learned counsel for the petitioner and Mr.P.Paramasivadoss, learned Standing Counsel for the respondent-Transport Corporation, who took notice on behalf of the respondent.

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3. It is seen that the issue raised in this writ petition is covered by the common judgment dated 12.06.2015 passed by the Madurai Bench of this Court in W.A.(MD) Nos.383 to 457 of 2015 wherein under similar circumstances, the respondent-Corporation undertook to pay the amount due and payable in twelve equal monthly instalments.

4. Considering the facts and circumstances of the case and in view of the earlier orders passed by this Court in similar circumstances, without going into the merits of the matter, the respondent is directed to disburse the terminal benefits to the petitioner in twelve equal monthly instalments, in the light of the common judgment passed by this Court in W.A.(MD) Nos.383 to 457 of 2015 dated 12.06.2015. It is also made clear that the first instalment shall commence from 10.08.2016.

5. With the above direction, this writ petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

vj2 s/d- Assistant Registrar True Copy Sub-Assistant Registrar To The Managing Director Tamil Nadu State Transport Corporation (Salem) Limited No.7, Ramakrishna Road Salem 636 007.

+ 1 cc to Mr.S.Ayyathurai, Advocate SR 31898 ks(co) prk30/6 W.P.No.15068 of 2016 https://hcservices.ecourts.gov.in/hcservices/