N.Natarajan M/60 Yrs v. The Principal Secretary To
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.09.2016
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.32162 of 2016 N.Natarajan ... Petitioner vs.
1. The Principal Secretary to Government, Transport Department, Fort St. George, Chennai-600 009.
2. The Managing Director, Tamil Nadu State Transport Corporation (VPM) Ltd, 3/137, Salamedu, Valuthareddy - Post Villupuram-605 602.
3. The Administrator Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar-House, Pallavan Salai, Chennai-600 002.
... Respondents Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the 2nd and 3rd respondents to disburse the retirement benefits viz., Gratuity of Rs.5,20,000/-, Pension Commutation Amount Rs.2,92,000/-, E.L. Surrender Rs.2,60,000/-, Settlement arrears Rs.15,000/- the total comes to Rs.10,87,000/- (Rupees Ten lakhs Eighty Thousand only) with 18% interest on delayed payment to the petitioner who is retired from service on 31.05.2014 as Checking Inspector in the 2nd respondent's office. For Petitioner :
Mr.D.Veersekaran For Respondents :
Mr.R Venkatesh (R1) Government Advocate Mr.P.Kannankumar (R2)
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 2nd and 3rd respondents to disburse the retirement benefits viz., gratuity of Rs.5,20,000/-, Pension Commutation Amount Rs.2,92,000/-, E.L. Surrender Rs.2,60,000/-, Settlement arrears Rs.1,50,000/- the total comes to Rs.10,87,000/- (Rupees Ten Lakhs Ëighty Seven Thousand only) with 18 % interest on delayed payment to the petitioner who is retired from service on 31.05.2014 as Checking Inspector in the 2nd respondent office.
3. It is the case of the petitioner that he joined in the respondent corporation on 15.07.1985 as Conductor. Subsequently, he was promoted as Checking Inspector on 23.08.2013. He retired from service as a Checking Inspector on attaining superannuation on 31.5.2014.
4. After retirement, the respondents have not settled the other terminal benefits which are due to him as on the date of retirement are as under:
SL.
No Terminal Benefits Amount due Rs.
1.
Gratuity 5,20,000/- 2.
Commutation Amount 2,92,000/- 3.
E.L.Surrender 2,60,000/- 4.
Settlement Arrears 15,000/- 5.
Total Amount 10,87,000/-
5. The petitioner regularly went and enquired about his retirement benefits in the first week of every English Calender month to the second respondents office. The said officials repeatedly informed that the said retirement benefits will be settled in the subsequent months. But, for the past 2 years and 4 months, the respondents have not chosen to settle the terminal benefits to the petitioner. Hence, the present writ petition.
6. I have heard the learned counsel appearing for the petitioner and the learned counsels, who has taken notice on behalf of the respondents.
7. 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).
8. 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.
9. With the above direction, the present writ petition is disposed of. No costs.
s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar arr To
1. The Principal Secretary to Government, Transport Department, Fort St. George, Chennai-600 009.
2. The Managing Director, Tamil Nadu State Transport Corporation (VPM) Ltd, 3/137, Salamedu, Valuthareddy - Post Villupuram-605 602.
3. The Administrator Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar-House, Pallavan Salai, Chennai-600 002.
+1 cc to M/s.D.Veerasekaran Advocate sr 52307 +2 ccs to M/s.P.Kannankumar Advocate sr 52693 +1 cc to the Government Pleader sr 52534 W.P.No.32162 of 2016 aa20/10/2016