V.Rajendran Ex C.I-13695 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.32443 of 2016 V.Rajendran ... 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.
3 The Administrator Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House, Pallavansalai, 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 retirement benefits payable to the petitioner namely Gratuity, Encashment of Leave Salary (EL), Encashment of Leave Salary (ML98), Commutation of Pension, pending in service leave salary for the years 2013-14, 2014-15 (30 days), DA Arrears, PF arrears, Settlement
arrears, Pension arrears and other eligible terminal benefits after taking into account the enhanced dearness allowance with interest of 18% on delayed payment to the petitioner from 31.03.2016 the date of 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 and R3
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 Leave Salary (EL), Encashment of Leave Salary (ML-98), Commutation of Pension, pending in service leave salary for the years 2013-14, 2014-15 (30 days), DA Arrears, PF arrears, Settlement arrears, Pension arrears and other eligible terminal benefits after taking into account the enhanced dearness allowance with interest of 18% on delayed payment to the petitioner from 31.03.2016 the date of 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 01.09.1983 and retired from service on 31.03.2016 as Checking Inspector. The petitioner was not paid the retirement benefits like Gratuity, Encashment of Leave Salary (EL), Encashment of Leave Salary (ML-98), Commutation of Pension, pending in service leave salary for the years 2013-14, 2014-15 (30 days), DA Arrears, PF arrears, Settlement arrears, Pension arrears. Hence, the petitioner made a representation dated 08.07.2016 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 respondents 2 and 3.
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.
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.
3 The Administrator Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House, Pallavansalai, Chennai - 600 002.
R.SUBBIAH,J.
pri W.P.No.32443 of 2016 16.09.2016