V.Vijayan v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:01.06.2016
CORAM
THE HON'BLE MR.JUSTICE B.RAJENDRAN W.P.No.17056 of 2016 V.Vijayan .. Petitioner vs
1. The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Limited Vazhuthareddy Villupuram 605 602.
2. The General Manager Tamil Nadu State Transport Corporation(Villupuram) Limited Vellore Region Vellore 632 009.
3. 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 praying for the issuance of a writ of mandamus directing the respondents to disburse the payments relating to gratuity, pension commutation, leave encashment [Earned leave 240 days and Old Medical Leave 35 days] and 12(3) settlement arrears and pension arrears by calculating D.A. eligible as per newly implemented scheme with interest at 12% per annum with effect from 01.11.2014 within the stipulated period that may be fixed by this Court. For Petitioner : Mr.J.Pradeep For Respondents : Mr.P.Paramasivadoss St. Counsel for (Transport)
O R D E R
The petitioner, V.Vijayan, who joined the services as Driver in the Pattukottai Azhagiri Transport Corporation Ltd., Vellore Region [Vandavasi Depot] retired from service on 31.10.2014. At the time of retirement, he was working as a Driving Instructor in the Regional Office of the second respondent corporation. According to the petitioner, though he was retired from service on 31.10.2014, till date he was not paid with any other retirement benefits, viz., gratuity, pension commutation, leave encashment [Earned leave 240 days and Old Medical Leave 35 days] and 12(3) settlement arrears and pension arrears by calculating D.A. except for paying the provident fund amount. Hence, the present writ petition.
2. When the matter is taken up today for hearing, learned counsel appearing for the petitioner brought to the notice of this Court 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. He would further submit that following the same, this Court has passed similar orders in several writ petitions. Accordingly, he would pray that a similar order may be passed in this writ petition also.
3. 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 respondents.
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 respondents 1 and 2 are directed to disburse the aforementioned retiral 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 01.07.2016.
5. With the above direction, this writ petition is disposed of. No costs.
Sd/- Asst.Registrar (CS VI ) /true copy/ Sub Asst. Registrar vj2
To
1. The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Limited Vazhuthareddy Villupuram 605 602.
2. The General Manager Tamil Nadu State Transport Corporation(Villupuram) Limited Vellore Region Vellore 632 009.
3. The Administrator Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House Pallavan Salai Chennai 600 002.
1 cc to Mr.J. Pradeep, Advocate, Sr. 29110 1 cc to M/s. p. Paramasivadoss, Advocate, Sr. 29277 W.P.No.17056 of 2016 RK (O) kk 10/6