G.Bakthavachalam v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.11.2019 CORAM :
THE HON'BLE MR. JUSTICE M. DHANDAPANI W.P.Nos.19424 and 19430 of 2019 G.Bakthavachalam ... Petitioner in W.P.No.19424 of 2019 M.Radhakrishnan ... Petitioner in W.P.No.19430 of 2019 Vs.
The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vazhudha Reddy Salai, Villupuram District - 605 602.
... Respondent in both writ petitions Prayer in W.P.No.19424 of 2019: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the Respondent to settle one time payments of entire retirement benefits of the petitioner i.e. Gratuity sum of Rs. 5,10,000/- plus commutation Fund sum of Rs.4,50,000/- plus College fund of Rs. 4,500/- plus 8 days salary for the period from 21.02.2019 to 28.02.2019 (1,200 X 8) 9,600/- = totally sum of Rs.9,74,100/- and other attendant benefits and enhanced dearness allowances along with 18% interest on delayed payment from 28.02.2019 to till the date of disbursement of the terminal benefits to the petitioner.
Prayer in W.P.No.19430 of 2019: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the Respondent to settle one time payments of entire retirement benefits of the petitioner i.e. Gratuity sum of Rs. 7,53,754/- plus commutation Fund sum of Rs.6,68,904/- plus Leave Encashment of Rs. 3,51,061/- plus College Fund of Rs.4,500/- plus SSS Fund Rs. 24,000/- plus 11 days salary for the period from 21.05.2019 to 31.05.2019 (1,768 X 11) 19,448/- totally sum of Rs. 18,21,667/- and other attendant benefits and enhanced dearness allowances along with 18% interest on delayed payment from 31.05.2019 to till the date of disbursement of the terminal benefits to the petitioner.
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For Petitioners : Mr.R.Y.George Williams in both writ petitions For Respondent : Mr.V.Kulandaivelu for Mr.A.Antony Arokiaraj in both writ petitions C O M M O N O R D E R Writ petitions are filed for issuance of Writ of Mandamus to direct the respondent to disburse the entire retirement benefits to the writ petitioners with interest.
2.The petitioners in these writ petitions worked in the Tamil Nadu State Transport Corporation for more than two decades and retired from service on 28.02.2019 and 31.05.2019 respectively. However, so far, the terminal benefits have not been given to them and therefore, they are constrained to approach this Court by way of these writ petitions. 3.Heard the learned counsel for the petitioners and learned counsel appearing for the respondent/State Transport Corporation. 4.The learned counsel appearing for the respondent would submit that the respondent/State Transport Corporation have sought financial help from the Government in this regard and as soon as they receive the same, the terminal benefits in respect of the writ petitioners will be disbursed to them, within a period of twelve weeks.
5.In view of the submission made by the learned counsel appearing for the respondent, the respondent is directed to disburse the retirement benefits to the writ petitioners within a period of twelve weeks from the date of receipt of a copy of this order.
6.With the above direction, these writ petitions are disposed of. No costs.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar 2/3
mkn To The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vazhudha Reddy Salai, Villupuram District - 605 602.
W.P.Nos.19424 and 19430 of 2019 vd(co) nr 20/12/2019 3/3