V.Radhakrishnan, v. The Managing Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 15.06.2017 Coram The Hon'ble Mr. Justice T. Raja W.P.No. 15004 of 2017 Mr. V.Radhakrishnan
...Petitioner
Versus
1. The Managing Director, Metropolitan Transport Corporation (Chennai) Limited, Pallavan Illam, Pallavan Salai, Chennai - 2.
2. 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 issuance of Writ of Mandamus, directing the respondents to disburse the payments relating to Revised grade pay Rs. 2,200 - 4,300/-, Settlement Effect, Pension arrears and 5th & 6th review benefits and all other retirement benefits also with interest at 12% per annum with effect from 01.05.2016 within the stipulated time as may be fixed by this Hon'ble Court.
For Petitioner : Mr. G. Sakthivel For Respondents : Mr. P. Kannan Kumar
O R D E R
Heard Mr. G. Sakthivel, the learned counsel appearing for the petitioner and Mr. P. Kannan Kumar, the learned counsel, who accepts, notice on behalf of respondent/Transport Corporation. With their consent, the Writ Petition is taken up for final disposal even at the stage of admission.
2.
The petitioner has filed this Writ Petition, seeking for a direction to the respondents to disburse the revised grade pay of Rs. 2,200-4,300, Settlement Effect, Pension arrears and fifth and sixth review benefits and all other retirement benefits also with interest at the rate of 12% per annum with effect from 01.05.2016 within the stipulated time. 3.
The case of the petitioner, as stated in the affidavit, filed in support of this Writ Petition, in short as follows:- i) The petitioner joined the service of the respondentCorporation as a 'Conductor' on 27.10.1979, and on attaining the age of superannuation on 31.05.2012, retired from service and has also received the retirement benefits like Provident Fund, Gratuity, and Leave Encashment (Earned Leave & Old Medical Leave) benefits only, but, the other retirement benefits like revised grade pay Rs. 2,200-4,300/-, settlement effect, pension arrears and fifth and sixth review service benefits have not yet settled. Seeking disbursal of the same, the petitioner has submitted a representation, dated 29.03.2017, to the first respondent. Since the said representation evoked no response, the petitioner is before this Court with this Writ Petition, seeking for the aforesaid relief.
4. The learned counsel appearing for the respondent, Transport Corporation, on instructions, submitted that the retirement benefits have already been disbursed, insofar the fifth and sixth revision benefits and revised grade pay benefits are concerned, it is not known as to whether the same have been settled or not, if the said benefits are not settled so far, appropriate orders, in that regard would be passed by the respondents on the basis of the representation made by the petitioner, and therefore, he prayed that some time may be granted for disposal of the petitioner's representation. 5.
In the light of the above, there will be a direction to the respondents to consider the representation of the petitioner, dated 29.03.2017 on merits and in accordance with law and pass appropriate orders within a period of six weeks from the date of receipt of a copy of this order. 6.
The Writ Petition is disposed of accordingly. No costs.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar sd/mrr
To
1. The Managing Director, Metropolitan Transport Corporation (Chennai) Limited, Pallavan Illam, Pallavan Salai, Chennai - 2.
2. The Administrator, Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
+1cc to Mr.P.Kannan Kumar, Advocate, SR.No.42625 W.P.No. 15004 of 2017 PVS(CO) GN(31/07/2017)