Madras High CourtWP/35989/2016disposed of

M.Annamalai v. The Managing Director

2016-10-17Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.10.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.35989 of 2016 M.Annamalai ... Petitioner vs.

The Managing Director, Tamil Nadu Transport Corporation Limited, No.12, Ramakrishna Road, Salem-7.

... Respondent Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondent to consider and pass orders on the petitioner's representation dated 26.09.2016 with regard to payment of retirement benefit within a stipulated time fixed by this Court. For Petitioner : Mr.M.Sundaravadanam For Respondent : Mr.P.Paramasivadoss

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 consider and pass orders on the petitioner's representation dated 26.09.2016 with regard to payment of retirement benefit within a stipulated time fixed by this Court.

3. The petitioner joined as Driver on 24.01.1987 in the respondent Corporation and retired as Special Grade Driver on 31.07.2012. The grievance of the petitioner is that though he retired from service long before, except pension, no other retirement benefits have been paid to him. In this regard, the petitioner submitted a representation before the respondent on 26.09.2016. 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 respondent.

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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 01.01.2017.

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

Sd/- Asst. Registrar / true copy / Sub Assistant Registrar tsi To The Managing Director, Tamil Nadu Transport Corporation Limited, No.12, Ramakrishna Road, Salem-7.

1 CC to M/S.M.Sundaravadhanam, Advocate SR.No.58507 W.P.No.35989 of 2016 NR(CO) CS 12/11/2016 https://hcservices.ecourts.gov.in/hcservices/