Madras High CourtWP/31836/2016disposed of

R.Sahadevan(Staff No. As.0161) v. The Secretary To Government

2016-09-14Honourable Mr Justice R.Subbiah5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.09.2016

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.31836 of 2016 R.Sahadevan (Staff No.AS.0161) ... Petitioner Vs.

1 The Secretary to Government Transport Department, Secretariat, Fort St.George, Chennai - 600 009.

2 The Managing Director Tamilnadu State Transport Corporation (Villupuram) Limited, 3/137, Salamedu, Valudhareddy P.O.

Villupuram - 605 602.

3 The Administrator, Tamil Nadu State Transport Corporation, Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to settle the petitioner's retirement benefits including the Gratuity, Commutation, Leave Salary, Earned Leave Surrender 15 days during year of 2014, Pension Arrears, CRBS Pension, D.A.Arrears and all other attendant retirement benefits by calculating D.A. eligible as per newly

implemented, with interest at 12% per annum with effect from 01.05.2015 within the stipulated time as may be fixed by this Honourable Court.

For Petitioner : Mr.D.Karthik For Respondents : Mr.P.Paramasivadoss

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 petitioner's retirement benefits including the Gratuity, Commutation, Leave Salary, Earned Leave Surrender 15 days during year of 2014, Pension Arrears, CRBS Pension, D.A.Arrears and all other attendant retirement benefits by calculating D.A. eligible as per newly implemented, with interest at 12% per annum with effect from 01.05.2015 within the stipulated time as may be fixed by this Court.

3.It is the case of the petitioner that he joined in the Tamilnadu State Transport Corporation Limited (Villupuram) (then Thanthai Priyar Transport Corporation Limited, Villupuram) on 22.11.1982 and retired from service on 30.04.2015 as Senior Superintendent. The petitioner was not paid the retirement benefits like Gratuity, Commutation, Leave

Salary, Earned Leave Surrender 15 days during year of 2014, Pension Arrears, CRBS Pension, D.A.Arrears. Hence, the petitioner made a representation dated 20.08.2016 to the second respondent 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.

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

14.09.2016 pri Index: Yes/ No Internet: Yes/ No To 1 The Secretary to Government Transport Department, Secretariat, Fort St.George, Chennai - 600 009.

2 The Managing Director Tamilnadu State Transport Corporation (Villupuram) Limited, 3/137, Salamedu, Valudhareddy P.O.

Villupuram - 605 602.

3 The Administrator,

Tamil Nadu State Transport Corporation, Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.

R.SUBBIAH,J.

pri W.P.No.31836 of 2016 14.09.2016