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Madras High CourtWP/35971/2016disposed of

M.Arulnagarajan, v. Tamilnadu State Transport

2016-10-17Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.10.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.35971 of 2016 M.Arulnagarajan ... Petitioner Vs.

1. Tamil Nadu State Transport Corporation (Villupuram) Limited rep. by its Managing Director, 3/137, Salamedu, Valudareddy Post, Villupuram-605 602.

2. The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Limited, Vellore Region, Tirupathur, Vellore District.

3. Tamil Nadu State Transport Corporation Employees Pension Fund Trust rep. by its Administrator, Thiruvalluvar Illam, Pallavan Salai, Chennai-2.

... Respondents Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents to pay and settle all the retirement benefits due to the petitioner including Gratuity, Leave Salary, Commuted Value of Pension, Provident Fund, IRD Share Amount, Dearness Allowance, Bonus, Retirement Period of Welfare Fund and all other retirement benefits and arrears of revised salary in full together with interest at the rate of 18% per annum from the date when the payment became due till the date of payment to the petitioner, within a specified time limit as may be fixed by this Court.

For Petitioner :

Mr.S.P.Pravadhraj Arumugam ForRespondents :

Mr.P.Kannan Kumar

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 respondents to pay and settle all the retirement benefits due to the petitioner including Gratuity, Leave Salary, Commuted Value of Pension, Provident Fund, IRD Share Amount, Dearness Allowance, Bonus, Retirement Period of Welfare Fund and all other retirement benefits and arrears of revised salary in full together with interest at the rate of 18% per annum from the date when the payment became due till the date of payment to the petitioner, within a specified time limit as may be fixed by this Court.

3. The petitioner joined as Tradesman on 16.05.1980 and was completed 36 years of service and retired on 31.05.2016 on attaining the age of superannuation. 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 respondents, on various dates. However, till date, there was no response. Aggrieved against the same, the present Writ Petition has been filed.

4. I have heard the learned counsel appearing for the petitioner and the learned counsel, who has taken notice on behalf of 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 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 01.01.2017.

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

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar tsi To

1. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Limited 3/137, Salamedu, Valudareddy Post, Villupuram-605 602.

2. The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Limited, Vellore Region, Tirupathur,Vellore District.

3. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust Thiruvalluvar Illam, Pallavan Salai, Chennai-2.

+1cc to Mr.S.P.Pravadhraj Arumugam, Advocate, S.R.No.58375 +2cc's to Mr.P.Kannan Kumar, Advocate, S.R.No.59176 W.P.No.35971 of 2016 KS(CO) CA(21/11/2016)