K.Vijayasankar, v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.09.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.29189 of 2015 K.Vijayasankar ... Petitioner Vs.

1 The Government of Tamil Nadu rep.by Principal Secretary to Government Transport Department Fort.St.George Chennai-09.

2 The Managing Director Tamil Nadu State Transport Corporation (VPM) Ltd 3/137 Salamedu Valuthareddy - Post Villupuram - 605 602.

3 The Administrator The Tamil Nadu State Transport Corporation Pension Fund Trust Thiruvalluvar House Pallavan Salai Chennai-600 002.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 2nd & 3rd respondents to pay the gratuity amount, earned leave, surrender amount and pension commutation amount with 18% interest on delayed payment to the petitioner.

For Petitioner : Mr.D.Veerasekaran For Respondents: Mr.S.Gunasekaran for R1 Government Advocate Mr.P.Paramasivadoss for R2 and R3

O R D E R

By consent, the writ petition is taken up for final disposal. 2.The petitioner was working as Superintendent (Administration) in the services of the Tamil Nadu State Transport Corporation, Villupuram region and after completing 29 years of service, he reached the age of superannuation and retired on 31.03.2014 and he was paid with a sum of Rs.3,80,711/- being his contribution towards provident fund. The grievance now expressed by him is that, the following amounts are yet to be settled:

https://hcservices.ecourts.gov.in/hcservices/

Terminal Benefits Amount Payable in Rs.

Gratuity Rs.5,73,633/- Earned leave surrender Rs.3,00,746/- Pension Commutation Rs.2,92,014/- and aggrieved by the same, the petitioner came forward to file this writ petition.

3.Heard the submissions of Mr.D.Veerasekaran, learned counsel appearing for the petitioner, Mr.S.Gunasekaran, learned Government Advocate who accepts notice on behalf of the first respondent and Mr.P.Paramasivadoss, learned counsel who accepts notice on behalf of the respondents 2 and 3.

4.This Court in the light of the facts and circumstances permits the petitioner to submit a representation to the respondents 2 and 3 praying for settlement of terminal benefits within a period of two weeks from the date of receipt of a copy of this order and the respondents 2 and 3 on receipt of the same, shall consider and dispose of the same on merits and in accordance with law and pass orders within a period of four weeks thereafter and communicate the decision taken, to the petitioner.

5.The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar pri To 1 The Principal Secretary to the Government of Tamil Nadu Transport Department Fort.St.George Chennai-09.

2 The Managing Director Tamil Nadu State Transport Corporation (VPM) Ltd 3/137 Salamedu Valuthareddy - Post Villupuram - 605 602.

3 The Administrator The Tamil Nadu State Transport Corporation Pension Fund Trust Thiruvalluvar House Pallavan Salai Chennai-600 002.

+ 1 cc to Mr.D. Veerasekaran, J. Doraiswamy, Advocate Sr.50595 W.P.No.29189 of 2015 SVI(CO) EU 23.09.15 https://hcservices.ecourts.gov.in/hcservices/