Madras High CourtWP/12068/2019disposed of

S.Ramachandran v. The Managing Director,

2019-04-30Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30-04-2019

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.12068 of 2019 S.Ramachandran ..

Petitioner ..Vs..

1.The Managing Director, Tamil Nadu State Transport Corporation (CBE) Ltd., 37, Mettupalayam Road, Coimbatore-641 043.

2.The Principal Secretary to the Government, Transport Department, Fort St. George, Chennai-600 009.

(R-2 suo motu impleaded vide order of Court dated 29.4.2019 made in WP No.12068 of 2019) .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent herein to pay the retirement benefits with interest to the petitioner as per the petitioner's representation made to him on 23.2.2019.

For Petitioner : Mr.S.Vijayanand For Respondent-1 : Mr.Vijay Narayanan, Advocate General assisted by Mr.R.S.Selvam, Government Advocate.

For Respondent-2 : Mr.A.N.Thambidurai, Special Government Pleader.

O R D E R

The relief sought for in the present writ petition is for a direction to direct the respondent to pay the retirement benefits with interest to the writ petitioner as per the representation submitted by him on 23.2.2019.

2. The learned counsel for the writ petitioner states that the writ petitioner, who was serving as Senior Assistant Engineer and retired from service under the Voluntary Retirement Scheme on 30.6.2018, has not received the terminal and retirement benefits. Thus, the writ petitioner is constrained to move the present writ petition for a direction to settle the retirement benefits due with interest.

3. The learned Advocate General, appearing on behalf of the first respondent, states that the Transport Corporation is in financial crisis and steps are taken to restore the financial conditions of the Transport Corporations. The State Government is also monitoring the continuous financial loss occurring in various Transport Corporations across the State of Tamil Nadu and appropriate steps would be taken to settle the terminal benefits of all those employees.

4. As far as the present writ petition is concerned, the learned Advocate General, appearing on behalf of the first respondent, made a submission that the terminal and retirement benefits will be settled within a period of three months.

5. In view of the said submissions made by the learned Advocate General, appearing on behalf of the first respondent, that the retirement benefits of the writ petitioner would be settled within a period of three months, the respondents are directed to settle the retirement benefits, as applicable to the writ petitioner and in accordance with the Rules, within a period of three months from the date of receipt of a copy of this order.

6. With the above directions, the writ petition stands disposed of. However, there shall be no order as to costs. sd/ ASSISTANT REGISTRAR /TRUE COPY/ SUB-ASSISTANT REGISTRAR

To 1.The Managing Director, Tamil Nadu State Transport Corporation (CBE) Ltd., 37, Mettupalayam Road, Coimbatore-641 043.

2.The Principal Secretary to the Government, Transport Department, Fort St. George, Chennai-600 009.

+1CC to M/S.R.SELVAN VIDE SR.NO.42821 +1CC to M/S.S.VIJAY ANAND VIDE SR.NO.42655 +1CC to GOVT. PLEADER VIDE SR.NO.42523 W.P.No.12068 of 2019 SKC[CO] MK:08/06/2019