P.Subramanian v. M/S. Tamil Nadu State
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.09.2016
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.32546 of 2016 P.Subramanian ... Petitioner vs.
The Tamil Nadu State Transport Corporation (Kovai) Limited rep. by its Managing Director, No.37, Mettupalayam Salai, Coimbatore-43.
... Respondent Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondent to settle the terminal benefits of the petitioner, namely, Gratuity amount of Rs.7,43,000/-, Provident Fund amount of Rs.7,15,000/-, Surrender of Earned Leave 68.5 days and Medical Leave 4 days amount of Rs.1,18,200/-, Social Security Scheme Amount of Rs.36,000/-, pending Earned Leave Surrender amount of Rs.21,500/- and balance amount from 2013 settlement effect of Rs.7,300/- altogether a sum of Rs.16,41,000/- with interest at the rate of 6% per annum taking into consideration of the representation of the petitioner dated 19.08.2016.
For Petitioner :
Mr.D.Soundarraj For Respondent :
Mr.S.Sairaman
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 respondent to settle the terminal benefits of the petitioner, namely, Gratuity amount of Rs.7,43,000/-, Provident Fund amount of Rs.7,15,000/-, Surrender of Earned Leave 68.5 days and Medical Leave 4 days amount of Rs.1,18,200/-, Social Security Scheme Amount of Rs.36,000/-, pending Earned Leave Surrender amount of Rs.21,500/- and balance amount from 2013 settlement effect of Rs.7,300/- altogether a sum of Rs.16,41,000/- with interest at the rate of 6% per annum taking into consideration of the representation of the
petitioner dated 19.08.2016, within a stipulated period fixed by this Court.
3. It is the case of the petitioner that he joined in the respondent corporation on 15.05.1986 as Conductor and retired from service on 31.03.2016 as Selection Grade Conductor. On the date of his retirement, no terminal benefits were settled to the petitioner. In this regard, he made a representation dated 19.8.2016 to the respondent requesting him 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 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, 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/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar tsi
To The Managing Director, Tamil Nadu State Transport Corporation (Kovai) Limited, No.37, Mettupalayam Salai, Coimbatore-43.
1 cc to M/s.D. Soundar Raj, Advocat, Sr. 52775 W.P.No.32546 of 2016 PSK (CO) kk 22/10