M.Sekar, v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.07.2015

CORAM

THE HONOURABLE MR.JUSTICE D. HARIPARANTHAMAN W.P.No.21749 of 2015 and M.P.No.1 of 2015 M.Sekar

...Petitioner

Vs.

1. The Managing Director, Tamil Nadu State Transport Corporation (Coimbatore) Ltd., Mettupalayam Road, Coimbatore.

2. The General Manager, Tamil Nadu State Transport Corporation(Coimbatore) Ltd., Erode Division, Chennimalai Road, Erode.

3. The General Manager, Tamil Nadu State Transport Corporation (Coimbatore) Ltd., Tiruppur Division, Kangayam Road, Tiruppur.

...Respondents

Prayer:

Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to disburse the Gratuity, Provident Fund Deposit Amount, pay arrear as per new scale from 01.09.2013 together with Dearness Allowance, Dividend and interest deducted from the petitioner's salary for payment of Co-operative Society and CSR to the petitioner.

For Petitioner :

Mr.C.Prakasam For Respondents :

Mr.P.Kannankumar

ORDER

The petitioner was employed as a Conductor in the respondentsCorporation. He retired from service on 31.03.2015. The grievance of the petitioner is that he is not yet settled with pension, https://hcservices.ecourts.gov.in/hcservices/

gratuity and other terminal benefits payable to him.

2. The non-payment of pension and other terminal benefits particularly when he was permitted to retire amounts to violation of Article 21 of the Constitution of India. The respondentsCorporation are bound to pay the terminal benefits immediately after retirement of the petitioner. Now, more than three months have elapsed. But none of the terminal benefits are paid, according to the petitioner.

3. In these circumstances, a direction is issued to the first respondent to settle all the terminal benefits to the petitioner, if not already settled, within a period of twelve weeks from the date of receipt of a copy of this order. No costs. The connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar Jrl To

1. The Managing Director, Tamil Nadu State Transport Corporation (Coimbatore) Ltd., Mettupalayam Road, Coimbatore.

2. The General Manager, Tamil Nadu State Transport Corporation (Coimbatore) Ltd., Erode Division, Chennimalai Road, Erode.

3. The General Manager, Tamil Nadu State Transport Corporation (Coimbatore) Ltd., Tiruppur Division, Kangayam Road, Tiruppur.

1 CC to Mr.C.Prakasam, Advocate SR.No. 37263 1 CC to Mr.P.Kannankumar, Advocate SR.No. 37473 W.P.No.21749 of 2015 MP (CO) PSI (24.07.2015) https://hcservices.ecourts.gov.in/hcservices/