D.Stanly v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.09.2019
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.18502 of 2019 D.Stanly ... 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:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to settle the petitioner's retirement benefits including Gratuity, Commutation, Pension arrears, IRD amount and DA arrears amount with interest at the rate of not less than 18% per annum payable from the date of retirement and consequently directing the respondents to pay interest at the rate of 18% per annum for the belated settlement of retirement benefits to the petitioner payable from the date of retirement i.e., 30.06.2018 to till date of actual payment to the petitioner within the time that may be stipulated by this Hon'ble Court.
For Petitioner : Mr.M.Selvam For Respondents : Mr.K.J.Sivakumar
O R D E R
The petitioner has filed this writ petition seeking issuance of a Writ of Mandamus directing the respondents to settle the petitioner's retirement benefits including Gratuity, Commutation, Pension arrears, IRD amount and DA arrears amount with interest at the rate of not less than 18% per annum payable from the date of retirement and consequently directing the respondents to pay interest at the rate of 18% per annum for the belated settlement of retirement benefits to the petitioner payable from the date of retirement i.e., 30.06.2018 to till date of actual payment to the petitioner within the time that may be stipulated by this Court.
2.Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents. 3.The case of the petitioner is that he joined the service in the Thanthai Periyar Transport Corporation Limited, Villupuram as Office Assistant on 20.07.1987 and retired from service as Special Grade Conductor at Senior Writer of the second respondent Corporation on 30.06.2018. However, the retirement benefits were not disbursed to the petitioner. Hence, the petitioner made representation to the respondents on 03.06.2019 seeking to settle the retirement benefits and since there is no response, the petitioner has filed the present writ petition.
4.The learned counsel appearing for the petitioner would submit that without going into the merits of the case, it would suffice, if this Court issues direction to the respondents to consider the petitioner's representation dated 03.06.2019 and to pass appropriate orders.
5.Considering the limited request made by the learned counsel appearing for the petitioner, I am inclined to issue direction to the respondents to consider the petitioner's representation dated 03.06.2019, on merits and in accordance with law, as expeditiously as possible.
6.The writ petition is accordingly disposed of. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar
pri 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.77154 +1cc to Mr.K.J.Sivakumar, Advocate SR.77301 W.P.No.18502 of 2019 SS(CO) CB(14/10/2019)