R.K.Balasubramanian v. Tamilnadu State Transport
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.09.2016
CORAM
THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.31428 of 2016 R.K.Balasubramanian ... Petitioner Vs.
1 Tamilnadu State Transport Corporation Ltd., 37, Mettupalayam Road, Cooimbatore 641 043 Represented by its Managing Director 2 The Administrator The Tamilnadu State Transport Corporation Pension Fund Trust, Thiruvallurvar House, Pallavan Salai, Chennai - 600 002.
... Respondent Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to pay the petitioner all his retirement benefits including Provident Fund, Gratuity, Commutation Amount, Leave Salary and all other benefits with interest at the rate of 18% per annum within the time frame that may be stipulated by this Honourable court and to grant him the interest at the rate of 18% per annum for the belated settlement of his eligible benefits from the date of retirement to till the date of settlement by the respondent within the time frame that may be
stipulated by this Honourable Court.
For Petitioner : Mr.A.Rajendiran For Respondent : Mr.S.Sairaman
O R D E R
By consent, the writ petition is taken up for final disposal. 2.The present writ petition has been filed seeking a Mandamus directing the respondents to pay the petitioner all his retirement benefits including Provident Fund, Gratuity, Commutation Amount, Leave Salary and all other benefits with interest at the rate of 18% per annum and also to grant him the interest at the rate of 18% per annum for the belated settlement of his eligible benefits from the date of retirement to till the date of settlement by the respondents within the time frame that may be stipulated by this Court. 3.It is the case of the petitioner that he joined in the first respondent corporation on 07.01.1985 and retired from service on 31.08.2015 as Superintendent. The petitioner was not paid the retirement benefits like Provident Fund, Gratuity, Commutation, Leave Salary. Hence, the petitioner made representations dated 20.07.2016 and 20.08.2016 to the respondents requesting 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 takes notice for 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 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.
R.SUBBIAH,J.
pri 7.With the above direction, the present writ petition is disposed of. No costs.
09.09.2016 pri Index: Yes/ No Internet: Yes/ No To 1 Tamilnadu State Transport Corporation Ltd., 37, Mettupalayam Road, Cooimbatore 641 043 Represented by its Managing Director 2 The Administrator The Tamilnadu State Transport Corporation Pension Fund Trust, Thiruvallurvar House, Pallavan Salai, Chennai - 600 002.
W.P.No.31428 of 2016 09.09.2016