M.K.Kannan, v. Tamil Nadu State Transport
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.06.2016
CORAM
THE HON'BLE MR.JUSTICE B.RAJENDRAN W.P.No.17612 of 2016 M.K.Kannan ... Petitioner Vs
1. Tamil Nadu State Transport Corporation (Villupuram) Limited rep.by Managing Director 3/137, Salamedu Vazhuthareddy Post Villupuram 605 602.
2. Tamil Nadu State Transport Corporation(Villupuram) Limited rep.by the General Manager Kancheepuram Region Kancheepuram 631 552.
3. Tamil Nadu State Transport Corporation (Villupuram) Ltd., Employees Post Retirement Welfare Fund Scheme rep.by The Administrator 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 settle the retirement benefits payable to the petitioner including Service Gratuity, leave salary, dearness allowance arrears, revised pay fixation with arrears and revised pension with arrears and all other attendant retirement benefits with interest at the rate of not less than 12% per annum payable from the date of retirement within the time that may be stipulated by this Court by considering the petitioner's representation dated 18.04.2016.
For Petitioner : Mr.K.Selvaraj For Respondents : Mr.P.Paramasivadoss Standing Counsel for Transport Corporation
O R D E R
The petitioner, M.K.Kannan, who joined the services as Driver in the erstwhile Pallavan Transport Corporation (Metro) Ltd., was transferred to the Tamil Nadu State Transport Corporation Ltd., (Villupuram) and retired from service on 30.09.2012. According to the petitioner, though he was retired from service on 30.09.2012, till date he was not paid with Service Gratuity, leave salary, dearness allowance arrears, revised pay fixation with arrears and revised pension with arrears etc. 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/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar
vj2 To
1. The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Limited 3/137, Salamedu Vazhuthareddy Post Villupuram 605 602.
2. The General Manager Tamil Nadu State Transport Corporation(Villupuram) Limited Kancheepuram Region Kancheepuram 631 552.
3. The Administrator Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House Pallavan Salai Chennai 600 002.
+1cc to Mr.K.Selvaraj, Advocate, S.R.No.29042 +1cc to Mr.P.Paramasivadoss, Advocate, S.R.No.29261 W.P.No.17612 of 2016 GJ(CO) CA(16/06/2016)