E.Srinivasan v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.12.2015
CORAM
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.39812 of 2015 1 E.Srinivasan ..
PETITIONER Vs 1 The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Limited, Vazhuthareddy, Villupuram-605 602.
2 The General Manager Tamil Nadu State Transport Corporation (Villupuram) Limited, Kancheepuram Region, Kancheepuram.
3 The Administrator Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai-600 002.
..
RESPONDENTS Prayer: The Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to settle the petitioner retirement benefits including Leaver Salary, gratuity, Dearness Allowance arrears and all other attendant retirement benefits etc. with interest at the rate of not less than 12% per annum payable from the date of retirement and consequently directing the respondents to pay interest at the rate of 12 per annum for the belated settlement of retirement benefits including the commuted value of pension, social security scheme arrears, Provident Fund, refund of Institute of road transport arrears etc. to the petitioner payable from the dated or retirement i.e. 31.01.2014 to till date of actual payment to the petitioner within the time.
For Petitioner : Mr.M.Selvam For Respondents : Mr.S.Sairaman
O R D E R
By consent, the writ petition is taken up for final disposal at the admission stage itself.
2. The petitioner joined the service of the transport corporation as a conductor on 23.04.1986 and he retired from service on 31.01.2014 on attaining the age of superannuation.
3. The petitioner would submit that at the time of retirement, he was paid a sum of Rs.2,60,773/- towards Provident Fund, but the other retirement benefits were not given and therefore, he made a representation to the first and second respondents on 05.11.2015. Since it was not considered, the present writ petition has been filed.
4. The learned counsel for the petitioner has drawn the attention of this Court to a common judgment dated 12.06.2015 made in W.A.(MD). Nos.383 to 457 of 2015 and would submit that in similar facts and circumstances, the respondents Corporation undertook to pay the amount due and payable in 12 equal monthly installments and hence similar orders may be passed. 5.Heard Mr.M.Selvam, learned counsel appearing for the petitioner and Mr.S.Sairaman, learned counsel appearing for the respondents.
6.This Court, taking into consideration the above facts and circumstances and without going into the merits of the petitioner's representation dated 05.11.2015, directs the 2nd respondent to consider and dispose of the petitioner's representation dated 05.11.2015, on merits and in accordance with law and after taking note of the common judgment dated 12.06.2015 made in W.A.(MD).Nos.383 to 457 of 2015, pass orders within a period of four weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner.
7. The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar True Copy Sub Assistant Registrar
To 1 The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Limited, Vazhuthareddy, Villupuram-605 602.
2 The General Manager Tamil Nadu State Transport Corporation (Villupuram) Limited, Kancheepuram Region, Kancheepuram.
3 The Administrator Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai-600 002.
+1cc to Mr.M.Selvam, Advocate Sr.68045 +1cc to Mr.S.Sairaman, Advocate sr.67997 W.P.No.39812 of 2015 sk[co] srg 22/12/2015