P.Kaliyappan v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.09.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.30903 of 2016 P.Kaliyappan ... Petitioner Vs.

The Managing Director, Tamil Nadu State Transport Corporation Limited, 12, Ramakrishna Road, Salem-636 007.

... Respondent Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondent to consider and pass orders on the petitioner's representation dated 6.6.2016 with regard to payment of retirement benefits within a stipulated time as fixed by this Court.

For Petitioner :

Mr.M.Sundaravadanam For Respondent :

Mr.R.K.Gandhi

ORDER

By consent, the main writ petition itself is taken up for final disposal.

2. The petitioner has come up with the present writ petition for a mandamus, directing the respondent to consider and pass orders on his representation dated 6.6.2016 with regard to payment of retirement benefits within a stipulated time as fixed by this Court.

3. It is the case of the petitioner that he joined in the respondent corporation as Driver on 19.9.1989 and retired from service on 31.5.2015 as Special Grade Driver. The respondent has sanctioned pension to the petitioner vide PPO

No.3466, but other retirement benefits such as gratuity, provident fund, earned leave, etc. were not paid to him till date. In this regard, he made a representation dated 6.6.2016 to the respondent requesting him to pay all the retirement benefits. But, the same was not considered so far. Hence, left with no other alternative, the petitioner has come up with the present writ petition for the relief set out earlier.

4. I have heard the learned counsel appearing for the petitioner and the learned counsel, who has taken notice on behalf of the respondent.

5. The issue involved in the present writ petition is squarely covered by the judgment of the Division Bench of the Madurai Bench of this Court dated 12.6.2015 made in W.A.(MD) Nos.383 to 457 of 2015 (K.Rajendran & Others vs. The Tamil Nadu State Transport Corporation (Madurai) Limited, rep. by its Managing Director, Madurai and others).

6. Following the said judgment, without going into the merits of the matter, the respondent is directed to disburse the aforementioned retiral benefits to the petitioner herein, in twelve equal monthly instalments, in the light of the common judgment passed by this Court in W.A.(MD) Nos.383 to 457 of 2015 (K.Rajendran & Others vs. The Tamil Nadu State Transport Corporation (Madurai) Limited, rep. by its Managing Director, Madurai and others), dated 12.06.2015. It is also made clear that the first instalment shall commence from 1.12.2016.

7. With the above direction, the present writ petition is disposed of. No costs.

Sd/- Asst. Registrar.

/true copy/ Sub Asst. Registrar.

sbi

To The Managing Director, Tamil Nadu State Transport Corporation Limited, 12, Ramakrishna Road, Salem-636 007.

+1 CC to Mr. M. Sundaravadanam, Advocate Sr.No.50933 +1 CC to Mr. R.K. Gandhi, Advocate Sr.No.50486 W.P.No.30903 of 2016 TM (CO) MD : 22/09/2016