Madras High CourtWP/36833/2016disposed of

S.K.Venkataraman v. The Managing Director

2016-10-24Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.10.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.36833 of 2016 E.K.Venkataraman ... Petitioner Vs 1 The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Limited Vazhuthareddy Kancheepuram Region Villupuram-605 602.

2 The General Manager Tamil Nadu State Transport Corporation (Villupuram) Limited Vellore Region Villupuram-632 009 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 of Gratuity, Differential Salary payable from 1.9.2013 to 31.3.2014 on terms of Settlement as per 12(3), Payment in Lieu of Earned Leave and Encashment of Medical Leave and Settlement of Arrears by calculating DA eligible as per newly implemented scheme with interest at the rate of 12% p.a with effect from 31.5.2015 within the stipulated time as may be fixed by this Court. For Petitioner :

Mr.K.Rajasekaran, 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 respondents, 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.

Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar sbi

To 1 The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Limited Vazhuthareddy Kancheepuram Region Villupuram-605 602.

1 cc to Mr.K. Rajasekaran, Advocate, Sr. 60421 W.P.No. 36833 of 2016 CA (CO) kk 28/11