V.Natarajan v. The Government Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.11.2019
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.22481 of 2019 V.Natarajan, Staff No.CR5569
...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, Tamil Nadu State Transport Corporation (Salem) Limited, No.12, Ramakrishnan Road, Salem - 636 007.
3.The General Manager, Tamil Nadu State Transport Corporation (Salem) Limited, 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, to direct the respondents to settle the petitioner's retirement benefits including Provident Fund, Gratuity, Commutation & IRT with interest payable from the date of retirement based on the petitioner's representation dated 15.07.2019. For Petitioner :Mr.M.Selvam For Respondents:Mr.R.S.Selvam for R1 Government Advocate Ms.Rajini Ramadoss for R2
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, Commutation & IRT with interest payable from the date of retirement based on the petitioner's representation dated 15.07.2019.
2.The case of the petitioner is that the petitioner joined the service in the second respondent Corporation as Conductor in the year 1990 and retired from the service on 30.04.2019.
After retirement of the petitioner, the retirement benefits like Provident Fund, Gratuity, Commutation and IRT with interest payable from the date of retirement were not settled to the petitioner. The petitioner made representation dated 15.07.2019 to the respondents 2 and 3, till date the representation was not considered. Hence, the present Writ Petition has been filed before this Court. 3.Mrs.Rajini Ramadoss, learned counsel appearing for the respondent Corporation would submit that due to lack of fund, the respondent Corporation have not settled the terminal benefits. She would further submit that the respondent Corporation had sought assistance from the Government for periodical release of the funds. Hence, she prayed this Court to grant reasonable time for settling the terminal benefits in favour of the petitioner.
4.The learned counsel appearing for the petitioner agreed for the terms of settlement in installments as stated by the learned counsel for the respondent Corporation. 5.Considering the consent view expressed by the learned counsel for the petitioner as well as the respondent Corporation, I am inclined to issue direction to the second respondent Corporation to disburse the terminal benefits to the petitioner in twelve equal monthly installments. Accordingly, the second respondent Corporation is directed to disburse the amount to the petitioner in twelve equal monthly installments on or before the end of every month. The first of such installment shall be paid on or before 30.11.2019 and the last installment shall be paid on or before 31.10.2020. 6.The Writ Petition is disposed of with the above terms. No costs.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar
To 1.The Secretary to Government, Transport Department, Secretariat, St. George Fort, Chennai - 600 009.
2.The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, No.12, Ramakrishnan Road, Salem - 636 007.
3.The General Manager, Tamil Nadu State Transport Corporation (Salem) Limited, Dharmapuri Region, Bharathipuram, Dharmapuri - 636 705.
+1cc to M/s.M.Selvam, Advocate Sr.96663 +1cc to M/s.S.Rajeni Ramadass, Advocate Sr.97474 +1cc to the Government Pleader Sr.97069 W.P.No.22481 of 2019 co[co] srg 17/12/2019