G.Easwaran, v. The Managing Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.10.2016
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.36268 of 2016 G.Easwaran ... Petitioner vs.
1. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Limited, Vazhuthareddy, Villupuram-605 602.
2. The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Limited, Kancheepuram Region, Kancheepuram.
3. The Administrator, Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, 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 disburse the payments relating to pension for the 1st month of retirement, Gratuity, Security Deposit, Commutation, Leave Encashment and Pension Arrears calculating as per the 12th Wage Settlement Agreement with new D.A. and interest at 18% per annum w.e.f. 01.05.2014.
For Petitioner : Mr.T.M.Kannan For Respondents :
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 disburse
the payments relating to pension for the 1st month of retirement, Gratuity, Security Deposit, Commutation, Leave Encashment and Pension Arrears calculating as per the 12th Wage Settlement Agreement with new D.A. and interest at 18% per annum w.e.f. 01.05.2014.
3. The petitioner joined as Conductor on 04.02.1987 in the respondent Transport Corporation and retired from service on 30.04.2014 as Senior Conductor from Arcot Depot of the Vellore Region 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 as stated above. In this regard, the petitioner submitted several representations before the respondents. 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/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar tsi
To
1. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Limited, Vazhuthareddy, Villupuram-605 602.
2. The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Limited, Kancheepuram Region, Kancheepuram.
3. The Administrator, Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai-2.
1 cc to Mr.P. Kannankumar, Advocate, Sr. 59174 1 cc to Mr.Dr.T.M. Kannan, Advocate, Sr. 58717 W.P.No.36268 of 2016 LRS (CO) kk 16/11