P.Aachiappan, S/O.Palani v. The Managing Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.10.2016
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH W.P.No.36813 of 2016 P.Aachiappan ... Petitioner vs.
1. The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, Salem Division, 12, Ramakrishna Road, Post Box No.713, Salem - 636 007.
2. The General Manager, Tamil Nadu State Transport Corporation (Salem) Limited, Salem Division, 12, Ramakrishna Road, Post Box No.713, Salem - 636 007.
3. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
... Respondents Prayer :- Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondents to settle payment of gratuity, Earned Leave, Commutation of Pension, Employees Retirement Benefit Scheme (ERBS) and dearness Allowance and other retirement benefits payable to the
petitioner with reasonable rate of interest within the time frame that may be stipulated by this Court.
For Petitioner :
Mr.A.Rajakumar For Respondents :
Mr.P.Paramasivadoss
O R D E R
With the consent of both sides, the main writ petition itself is taken up for final disposal.
2. The writ petition has been filed seeking Mandamus directing the respondents to settle the retirement benefits, due to the petitioner, with interest, within the time that may be stipulated by this Court.
3. The petitioner is the retired employee of the respondents Corporation and he was not paid the retirement benefits due to him, fully. Hence, the petitioner made representation to the respondent requesting to pay all the retirement benefits. But, the same has not been considered so far. Hence, left with no other alternative, the petitioner has come up with the present writ petition for the relief set out earlier.
4. I have heard the learned counsel appearing for the petitioner and the learned counsel who take notice for the respondents.
5. The issue involved in the present writ petitions is squarely covered by the judgment of the Division Bench of the Madurai Bench of this Court dated 12.6.2015 made in W.A.(MD) Nos.383 to 457 of 2015 (K.Rajendran & Others vs. The Tamil Nadu State Transport Corporation (Madurai) Limited, rep. by its Managing Director, Madurai and others).
6. Following the said judgment, without going into the merits of the matter, the respondents are directed to disburse the aforementioned retiral benefits to the petitioner herein, 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 (K.Rajendran & Others vs. The Tamil Nadu State Transport Corporation (Madurai) Limited, rep. by its Managing Director, Madurai and others), dated 12.06.2015. It is also made clear that the first instalment shall commence from 01.01.2017.
7.With the above direction, the present writ petition is disposed of. No costs.
21.10.2016 Index:Yes/No tsi To
1. The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, Salem Division, 12, Ramakrishna Road, Post Box No.713, Salem - 636 007.
2. The General Manager, Tamil Nadu State Transport Corporation (Salem) Limited, Salem Division, 12, Ramakrishna Road, Post Box No.713, Salem - 636 007.
3. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
R.SUBBIAH, J tsi W.P.No.36813 of 2016 DATED: 21.10.2016 http://www.judis.nic.in