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Madras High CourtWP/31645/2016disposed of

A.Ramakrishnan v. The Managing Director

2016-09-12Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.09.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.31645 of 2016 A.Ramakrishnan ... Petitioner Vs.

1. The Managing Director, Tamil Nadu State Transport Corporation Salem Division - Head Office, 12, Ramakrishna Road, Salem - 636 007.

2. The General Manager, Tamil Nadu State Transport Corporation (Salem) Ltd., 12, Ramakrishna Road, Salem - 636 007.

3. The Administrator, Tamil Nadu State Transport Corporation Employee Post Retirement Welfare Fund Scheme, 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 to disburse to the petitioner, his legitimately entitlements of terminal benefits viz., (i) earned leave and medical leave salary at his credit (ii) surrendered leave salary (iii) ERBS pension arrears (iv) settlement arrears (v) salary and pension DA arrears and other terminal benefits payable to him with interest at 12% per annum with effect from 1.6.2011 within the stipulated time to be fixed by this Court. For Petitioner : Ms.S.Girija For Respondents : 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 respondents to disburse his legitimately entitlements of terminal benefits viz., (i) earned leave and medical leave salary at his credit (ii) surrendered leave salary (iii) ERBS pension arrears (iv) settlement arrears (v) salary and pension DA arrears and other terminal benefits payable to him with interest at 12% per annum with effect from 1.6.2011 within the stipulated time to be fixed by this Court.

3. It is the case of the petitioner that he joined in the respondent corporation during 1987 as a Conductor. After completion of 24 years of total service, he retired from service as a Helper on attaining superannuation on 31.5.2011. After retirement, the respondents have not paid the terminal benefits such as (i) earned leave and medical leave salary at his credit (ii) surrendered leave salary (iii) ERBS pension arrears (iv) settlement arrears (v) salary and pension DA arrears and other terminal benefits. In this regard, he made a representation to the respondents requesting them 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 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/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar sbi To

1. The Managing Director, Tamil Nadu State Transport Corporation Salem Division - Head Office, 12, Ramakrishna Road, Salem - 636 007.

2. The General Manager, Tamil Nadu State Transport Corporation (Salem) Ltd., 12, Ramakrishna Road, Salem - 636 007.

3. The Administrator, Tamil Nadu State Transport Corporation Employee Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai-2.

+1cc to Ms.S.Girija, Advocate, S.R.No.51982 W.P.No.31645 of 2016 VD(CO) CA(27/09/2016)