Mr.G.Gajendran v. The Government Of Taminadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.09.2016
CORAM
THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.32442 of 2016 G.Gajendran ... Petitioner Vs.
1 The Government of Tamil Nadu Rep by its Principal Secretary, Transport Department, Secretariat, 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.
... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents, to settle the retirement benefits payable to the petitioner namely Gratuity, Encashment of unearned leave on private affairs order in Government letter No.37568/BPE/2006 dated 28.01.2008 and other eligible terminal benefits with interest of 18% on delayed payment to the petitioner from 31.12.2012 the date of voluntary retirement to till the date of settlement of the terminal benefits to the petitioner by following the order passed in W.A. (MD).Nos.383 to 457 of 2015 dated 12.06.2015.
For Petitioner : Mr.V.S.Jagadeesan For Respondents : Mr.S.Gunasekaran for R1 Additional Government Pleader Mr.S.Sairaman for R2
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 retirement benefits payable to the petitioner namely Gratuity, Encashment of unearned leave on private affairs order in Government letter No.37568/BPE/2006 dated 28.01.2008 and other eligible terminal benefits with interest of 18% on delayed payment to the petitioner from 31.12.2012 the date of voluntary retirement to till the date of settlement of the terminal benefits to the petitioner by following the order passed in W.A. (MD).Nos.383 to 457 of 2015 dated 12.06.2015. 3.It is the case of the petitioner that he was appointed on 01.12.1982 and retired from service on 31.12.2012 under Voluntary Retirement Scheme as Superintendent. The petitioner was not paid the retirement benefits like Gratuity, Encashment of unearned leave on private affairs. Hence, the petitioner made representations dated
08.06.2013 and 07.07.2016 to the 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, the learned Additional Government Pleader who takes notice for the first respondent and the learned counsel who takes notice for the second respondent.
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,
R.SUBBIAH,J.
pri 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.
16.09.2016 pri Index: Yes/ No Internet: Yes/ No To 1 The Government of Tamil Nadu Rep by its Principal Secretary, Transport Department, Secretariat, 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.
W.P.No.32442 of 2016 16.09.2016