M.Ravichandran v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.10.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.35413 of 2016 M.Ravichandran ... Petitioner vs.

1.The Managing Director Corporation (VPM) Ltd., 3/137, Salamedu, Vazhuthareddy P.O., Villupuram-605 602 2.The General Manager Corporation (VPM)Ltd., Karapettai Post Kancheepuram-631 501 3.The Administrator Corporation Pension Fund Trust Thiruvalluvar House Pallavan Salai Chennai-600 002 ... Respondents Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondents to settle the petitioner's voluntary retirement benefits including Gratuity, Commutation and Encashment of Leave Salary, with interest at the rate of not less than 12% per annum from the date of my voluntary retirement i.e, 31/05/2016 till the date of settlement.

For Petitioner : Mr.R.Munuswamy For Respondents : 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 respondents.

4. 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).

5. Following the said judgment, without going into the merits of the matter, the respondents are 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 1.1.2017.

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

-sdAssistant Registrar /true copy/ Sub Assistant Registrar sbi To 1.The Managing Director Corporation (VPM) Ltd., 3/137, Salamedu, Vazhuthareddy P.O., Villupuram-605 602

2.The General Manager Corporation (VPM)Ltd., Karapettai Post Kancheepuram-631 501 3.The Administrator Corporation Pension Fund Trust Thiruvalluvar House Pallavan Salai Chennai-600 002 +2 CC to M/S. P.Kannankumar Advocate SR.No.58122 +1 CC to M/S.R.Munusamy Advocate SR.No.57629 W.P.No.35413 of 2016 co pa ns 12.11.16 DATED: 05.10.2016