J.Chandrasekaran v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 14.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.14607 of 2022 J.Chandrasekaran

...Petitioner

Vs.

1. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Limited, Vzahuthareddy, Villupuram - 605 602.

2. The Administrator, TNSTC Employees Pension Trust, Administrative Officer, Thiruvalluvar House, Pallavan Salai, Chennai 600 002.

...Respondents

Prayer: Writ petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus, directing the respondents to pay the retirement benefits such as Gratuity, Earned leave salary, commutation etc. payable to the petitioner with interest at the rate of 18% per annum from the date of retirement.

For Petitioner : Mr.G.Pugazhenthi For Respondents: Mr.R.Balaji, Standing Counsel

ORDER

By consent of counsels to both the parties, this writ petition is disposed of today at the admission stage itself.

2. The relief sought for in the writ petition is for a Mandamus seeking direction to the respondent to pay the retirement benefits with interest.

3. The case of the petitioner in brief.

The petitioner was working as a Conductor in the respondent Corporation and he retired from service on 30.06.2017 on attaining superannuation. However, till now, the respondents have not paid the retirements viz. Gratuity, IRT Share, leave surrender, Earned Leave Salary, Provident Fund, Commutation Amount, Medical Leave.

Hence, the petitioner made a https://hcservices.ecourts.gov.in/hcservices/

representation dated 22.03.2021 to pay the retirement benefits along with interest. But there is no response from the respondents. Hence the writ petition.

4. The learned Standing Counsel appearing for the respondent submitted that the representation of the petitioner would be considered by the authorities concerned and appropriate orders would be passed in accordance with law.

5. In view of the above submissions and also with the consent of both the parties, this court is inclined to pass the following order.

i) The respondent is directed to consider the representation of the petitioner dated 22.03.2021 and to pass appropriate orders, in accordance with law, as early as possible, within a period of twelve weeks from the date of receipt of a copy of this order.

ii) It is made clear that, if the petitioner is entitled for the claim made, the respondents shall pay the retirement benefits to the petitioner along with penal interest at the rate of 4% per annum, within a reasonable time.

6. With the above directions, the writ petition is disposed of at the admission stage itself. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar mst To

1. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Limited, Vzahuthareddy, Villupuram - 605 602.

2. The Administrator, TNSTC Employees Pension Trust, Administrative Officer, Thiruvalluvar House, Pallavan Salai, Chennai 600 002.

+1cc to Mr.G.Pugazhenthi, Advocate, S.R.No.35221 +1cc to Mr.R.Balaji, Advocate, S.R.No.35810 W.P.No.14607 of 2022 RR[co] NSK/29/06/2022 https://hcservices.ecourts.gov.in/hcservices/