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Madras High CourtWP/31560/2016disposed of

P.Jeyakannu, S/O.Palani, v. The Managing Director,

2016-09-09Honourable Mr Justice R.Subbiah4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.09.2016

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.31560 of 2016 P.Jeyakannu ... Petitioner Vs.

1 The Managing Director TamilNadu State Transport Corporation (CBE) Ltd., 37, Mettupalayam Road, Coimbatore - 45.

2 The General Manager, Tamilnadu State Transport Corporation (CBE) Ltd., Erode Region, Chennaimalai Road, Erode - 1.

3 The Administrator Tamilnadu State Transport Employees Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai - 2.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to settle the terminal benefits due payable to the petitioner as per the order of the W.A.(MD) Nos.383 to 457 of 2015 dated 12.06.2015 with interest at 12% per annum with effect from 01.06.2014 within the time limit stipulated by this Honourable Court.

For Petitioner : Mr.N.Senthil Kumar For Respondents : Mr.P.Kannan Kumar

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 settle the terminal benefits due payable to the petitioner as per the order of the W.A.(MD) Nos.383 to 457 of 2015 dated 12.06.2015 with interest at 12% per annum with effect from 01.06.2014 within the time limit stipulated by this Court. 3.It is the case of the petitioner that he joined in the second respondent corporation on 24.11.1981 and retired from service on 31.05.2014. The petitioner was not paid the retirement benefits like Gratuity, Encashment of Leave, monthly pension, commuted value of pension etc. 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.

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

09.09.2016 pri Index: Yes/ No Internet: Yes/ No

R.SUBBIAH,J.

pri To 1 The Managing Director TamilNadu State Transport Corporation (CBE) Ltd., 37, Mettupalayam Road, Coimbatore - 45.

2 The General Manager, Tamilnadu State Transport Corporation (CBE) Ltd., Erode Region, Chennaimalai Road, Erode - 1.

3 The Administrator Tamilnadu State Transport Employees Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai - 2.

W.P.No.31560 of 2016 09.09.2016