Madras High CourtWP/1404/2017disposed of

G.Velayutham, 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.1404 of 2017 G. Velayutham 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. Villupuram Region Villupuram 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, Unavailed Portion Leave Salary (EL & ML), CRBS Pension, D.A. Arrears, 12(3) settlement arrears and all other attendant benefits by calculating D.A. eligible as per newly implemented scheme with interest at 12% per annum with effect from 01.10.2016 within a stipulated time.

For petitioner Mr. J. Pradeep For respondents Mr. P. Kannan Kumar Standing Counsel

ORDER

Mr. P. Kannan Kumar, 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, Unavailed Portion Leave Salary (EL & ML), CRBS Pension, D.A. Arrears, 12(3) settlement arrears and all other attendant benefits by calculating D.A. eligible as per newly implemented scheme with interest at 12% per annum with effect from 01.10.2016 within a stipulated time."

3.According to the petitioner, he, having joined the service on 22.05.1986 in Thandai Periyar Transport Corporation, retired from service as Superintendent on 30.09.2016, 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 10.01.2017 to the first respondent seeking early disbursement of his retirement benefits, viz., Gratuity, Pension Commutation, Unavailed Portion Leave Salary (EL & ML), CRBS Pension, D.A. arrears and 12(3) settlement arrears, 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.

4.Considering the fact that the petitioner has retired as Superintendent in the respondent-Transport Corporation and has addressed a representation dated 10.01.2017 to the first respondent seeking early disbursement of his retirement benefits which is still under consideration, this Court directs the first respondent to consider and pass orders on the petitioner's representation dated 10.01.2017 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. Villupuram Region Villupuram 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.16691 W.P. No.1404 of 2017 SKS(CO) GN(27/03/2017)