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Madras High CourtWP/30925/2016disposed of

P.Mathivani, Saff No.A50153 v. The Principal Secretary To

2016-09-06Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.09.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.30925 of 2016 P.Mathivani ... Petitioner vs.

1.The Principal Secretary to Government, Transport Department, Fort St. George, Chennai-9.

2.The Managing Director, Metropolitan Transport Corporation (Chennai) Ltd., Pallavan Salai, Chennai-2.

3.The Administrator, Tamil Nadu State Transport Corporation, Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai-2.

... Respondents Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondents 2 and 3 to disburse the retirement benefits viz., earned leave surrender salary amount of Rs.4,00,000/-, social security scheme fund amount of Rs.20,000/-, leave on private affairs of Rs.75,000/-, IRT Contribution amount of Rs.4,500/- and pension commutation amount of Rs.5,00,000/-, the total comes to Rs.9,99,500/- (Rupees nine lakhs ninety nine thousand and five hundred only) with 18% interest on delayed payment to the petitioner, the Senior Superintendent Staff No.A50153 who retired from service on 30.11.2015. For Petitioner :

Mr.D.Veerasekaran For Respondents :

Mr.P.Kannan Kumar

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 respondents 2 and 3 to disburse the retirement benefits viz., Earned Leave Surrender Salary amount of Rs.4,00,000/-, Social Security Scheme Fund amount of Rs.20,000/-, Leave on Private Affairs of Rs.75,000/-, IRT Contribution amount of Rs.4,500/- and pension commutation amount of Rs.5,00,000/-, totally a sum of Rs.9,99,500/- (Rupees nine lakhs ninety nine thousand and five hundred only) with 18% interest on delayed payment.

3. It is the case of the petitioner that he joined as Junior Stenographer in the respondent corporation on 9.5.1980 and was promoted as Superintendent on 21.6.2008 and further promoted as Senior Superintendent on 27.6.2013. After completion of 36 years of service, he retired from service on attaining superannuation on 30.11.2015. However, after his retirement, the respondents 2 and 3 have not settled the retirement benefits such as Earned Leave Surrender Salar, Social Security Scheme Fund amount, Leave on Private Affairs, IRT Contribution and pension commutation amount. Though the petitioner retired from service on 30.11.2015, till date, the respondents have not settled the said amount. 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 respondents.

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 respondents are 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 (J) /true copy/ Sub Asst. Registrar To 1.The Principal Secretary to Government, Transport Department, Fort St. George, Chennai-9.

2.The Managing Director, Metropolitan Transport Corporation (Chennai) Ltd., Pallavan Salai, Chennai-2.

3.The Administrator, Tamil Nadu State Transport Corporation, Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai-2.

+1 cc to M/s.D.Veerasekaran,advocate,sr.50246 +2 cc's to M/s.P.Kannankumar,advocate,sr.50821 +1 cc to Govt.Pleader,sr.50559.

ad(co) krd 23/9 W.P.No.30925 of 2016