Thiru.P.M.Paramjothi, v. The Administrator,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:06.06.2016
CORAM
THE HON'BLE MR.JUSTICE B.RAJENDRAN W.P.No.18912 of 2016 P.M.Paramjothi .. Petitioner vs
1. The Administrator Tamil Nadu State Transport Corporation Employees Provident Fund Trust Pallavan Salai Chennai 600 002.
2. The Managing Director State Express Transport Corporation Ltd., 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 to direct the respondents to settle the arrears of pension of Rs.9,45,747/- of the petitioner for the period from 01.07.2004 to 30.04.2014 with interest at the rate of 12% taking into consideration the representation of the petitioner dated 30.05.2016. For Petitioner : Mr.D.Soundarraj For Respondents : Mr.S.Sairaman Standing Counsel for T.N. State Transport Corporation
ORDER
The petitioner, who joined the services as Chargeman in the respondent Transport Corporation retired from service on 30.06.2004 vide order of the second respondent dated 15.04.2015.
2. The case of the petitioner is that while he was in service, disciplinary action was initiated against him and vide order of the second respondent dated 29.06.2004 he was permitted to retire without prejudice to the pending charges against him. It is his further case, that again by the order of the second respondent dated 15.04.2015, it was stated that the disciplinary files pending
against the petitioner was disposed of and therefore, he was permitted to retire from service from 30.06.2004 A.N.
3. The grievance of the petitioner is that even though he was permitted to retire from the afternoon of 30.06.2004, his pension benefits were not settled for the period from 01.07.2004 to 30.04.2014. In this regard, he also submitted a representation to the respondents. Since there was no response, the petitioner is before this Court.
4. 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.
5. Heard the learned counsel for the petitioner and Mr.S.Sairaman, learned Standing Counsel for the respondent transport corporation, who took notice on behalf of the respondents.
6. 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 respondent-Corporation is directed to disburse the arrears of pension 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.
7. With the above direction, this writ petition is disposed of. No costs.
Sd/- Asst.Registrar (CS V ) /true copy/ Sub Asst. Registrar vj2
To
1. The Administrator Tamil Nadu State Transport Corporation Employees Provident Fund Trust Pallavan Salai Chennai 600 002.
2. The Managing Director State Express Transport Corporation Ltd., Pallavan Salai Chennai 600 002.
1 cc to Mr.D. Soundaraj, Advocate, Sr. 30020 W.P.No.18912 of 2016 SKV (CO) kk 16/6