K.S.Panneerselvam, v. State Express Transport

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.09.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.34676 of 2016 K.S.Panneerselvam ... Petitioner vs.

State Express Transport Corporation (Tamil Nadu ) Limited, rep. by its Managing Director, Pallavan Salai, Chennai-2.

... Respondent Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondent to pay all the terminal benefits payable to the petitioner including Salary arrears in terms of settlement from 01.09.2013 to 31.01.2014, Provident Fund, Social Security Scheme amount, Refund of Institute of Road Transport Contribution amount, Earned Leave Salary, Medical Leave Salary in terms of the Settlement 12(3) of the Industrial Disputes Act dated 13.04.2015 together with interest at the rate of 18% per annum from the date of his retirement to till the date of payment within the time that may be stipulated by this Court. For Petitioner :

Mr.A.Rahul For Respondent :

Mr.P.Kannan Kumar

ORDER

By consent, the main writ petition itself is taken up for final disposal.

2. The petitioner joined the services of the Transport Corporation and he retired from service long before. The grievance of the petitioner is that though he retired from service long before, till date, he was not paid with the

retirement benefits. In this regard, the petitioner submitted representations before the respondent, on various dates. However, till date, there was no response. Aggrieved against the same, the present Writ Petition has been filed.

3. I have heard the learned counsel appearing for the petitioner and the learned counsel, who has taken notice on behalf of the respondent.

4. The issue involved in the present writ petitions 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).

5. 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.

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

Sd/- Assistant Registrar(AS) //True Copy// Sub Assistant Registrar

TO 1.The Managing Director, M/s.State Express Transport Corporation Limited, No.2, Pallavan Salai, Chennai-2.

+1cc to Mr.K.Chandrasekar, Advocate, S.R.No.56616 +1cc to Mr.P.Kannan kumar, Advocate, S.R.No.57116 (CO)RD CP(21/10/2016) W.P.No.34676 of 2016