Madras High CourtWP/20418/2019disposed of

K.Manoharan v. The Government Of Tamil Nadu

2019-10-03Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.10.2019

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.20418 of 2019 K.Manoharan, Staff No.TR0663 ...Petitioner vs.

1.The Government of Tamil Nadu, Rep. by the Secretary, Transport Department, Secretariat, St. George Fort, Chennai - 600 009.

2.The Managing Director, No.12, Ramakrishnan Road, Salem - 636 007.

3.The General Manager, Dharmapuri Region, Bharathipuram, Dharmapuri - 636 705.

4.The Administrator, Tamil Nadu State Transport Corporation, Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002. ...Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, seeking for the issuance of a Writ of Mandamus, directing the respondents to settle the petitioner's retirement benefits including Provident Fund, Gratuity, Welfare fund, Leave Surrender (EL & ML), IRT amount and DA arrears with interest payable from the date of retirement based on the petitioner's representation dated 03.06.2019. For Petitioner : Mr.M.Selvam For Respondents : Mr.D.Raghu for R2 & R3

ORDER

The Writ Petition has been filed by the petitioner seeking direction to direct the respondents to settle the petitioner's retirement benefits including Provident Fund, Gratuity, Welfare fund, Leave Surrender (EL & ML), IRT amount and DA arrears with interest payable from the date of retirement based on the petitioner's representation dated 03.06.2019.

2.The case of the petitioner is that the petitioner joined the service in the second respondent Corporation as Technician on 12.03.1981 and the petitioner retired from service on 30.04.2018. At the time of retirement, the petitioner was working as Senior Tradesman of the third respondent Corporation, even after the retirement, the petitioner's terminal benefits and other benefits were not settled. Hence, the petitioner filed a Writ Petition before this Court.

3.The learned counsel appearing for the petitioner would submit that it would suffice if this Court issues direction to the second respondent to consider the representation dated 03.06.2019 submitted by the petitioner and to dispose of the same within a reasonable time as fixed by this Court. 4.Without going into the merits of the case, I am inclined to issue direction to direct the second respondent to consider the petitioner's representation dated 03.06.2019 and pass orders on merits and in accordance with law within a period of 12 weeks from the date of receipt of a copy of this order.

5.With the above direction, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar pam To 1.The Secretary to Government, Transport Department, Secretariat, Government of Tamil Nadu, St. George Fort, Chennai - 600 009.

2.The Managing Director, No.12, Ramakrishnan Road, Salem - 636 007.

3.The General Manager, Dharmapuri Region, Bharathipuram, Dharmapuri - 636 705.

4.The Administrator, Tamil Nadu State Transport Corporation, Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.

W.P.No.20418 of 2019 +1cc to Mr.M.Selvam, Advocate SR.85173 +1cc to Mr.D.Raghu, Advocate SR.85036 +1cc to the Government Pleader SR.85114 VGII(CO) CB(02/12/2019)