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Madras High CourtWP/33921/2016disposed of

A.Nagarajan, Staff No.A50113 v. The Managing Director,

2016-09-27Honourable Mr Justice R.Subbiah4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.09.2016

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.33921 of 2016 A.Nagarajan, Staff No.A50113 ... Petitioner Vs.

The Managing Director Metropolitan Transport Corporation Limited Pallavan Salai, Chennai - 600 002.

... Respondent Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to settle the petitioner's retirement benefits including EL surrender, ML Surrender and RBS fund with interest at the rate of not less than 18% per annum payable from the date of retirement and consequently directing the respondent to pay interest at the rate of 18% per annum for the belated settlement of retirement benefits to the petitioner payable from the date of retirement i.e. 30.11.2012 to till date of actual payment to the petitioner within the time that may be stipulated by this Honourable Court.

For Petitioner : Mr.M.Selvam For Respondent : Mr.P.Kannan Kumar

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 respondent to settle the petitioner's retirement benefits including EL surrender, ML Surrender and RBS fund with interest at the rate of not less than 18% per annum payable from the date of retirement and consequently directing the respondent to pay interest at the rate of 18% per annum for the belated settlement of retirement benefits to the petitioner payable from the date of retirement i.e. 30.11.2012 to till date of actual payment to the petitioner within the time that may be stipulated by this Honourable Court.

3.It is the case of the petitioner that he joined in the Tamil Nadu Goods Transport Corporation on 11.06.1986 and retired from service on 30.11.2012 as Senior Superintendent in the respondent Corporation. The petitioner was not paid the retirement benefits like EL surrender, ML Surrender and RBS fund. Hence, the petitioner made a representation dated 08.02.2016 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 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. R.SUBBIAH,J.

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

27.09.2016 pri Index: Yes/ No Internet: Yes/ No To The Managing Director Metropolitan Transport Corporation Limited Pallavan Salai, Chennai - 600 002.

W.P.No.33921 of 2016 27.09.2016