N.Arumugam, v. The Managing Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.10.2016
CORAM
THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.37195 of 2016 N.Arumugam ... Petitioner Vs.
1. The Managing Director Vazhuthareddy, Villupuram - 605 602.
2. The General Manager Tamilnadu State Transport Corporation Vellore Region, Vellore - 632 109.
3. The Administrator Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to disburse the payments relating to Gratuity, Security Deposit and 11 days salary unpaid with interest at 18% per annum with effect from 01.09.2013.
For Petitioner : Mr.B.L.S.Prasad For Respondents : Mr.P.Kannan Kumar
O R D E R
By consent, the writ petition is taken up for final disposal.
2.The present writ petition has been filed seeking a Mandamus directing the respondents to disburse the payments relating to Gratuity, Security Deposit and 11 days salary unpaid with interest at 18% per annum with effect from 01.09.2013.
3.It is the case of the petitioner that he joined in the respondent Corporation in the year 1987 and retired from service on 31.08.2013 as Senior Conductor. The petitioner was not paid the retirement benefits like Gratuity, Security Deposit and 11 days salary unpaid. Hence, the petitioner made representation dated 02.09.2016 to the respondents requesting to pay all the retirement benefits. But, the same was not considered so far. Hence, left with no other alternative, the petitioner has come up with the present writ petition for the relief set out earlier. 4.I have heard the learned counsel appearing for the petitioner and the learned counsel who takes notice for 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 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/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar pri To
1. The Managing Director Vazhuthareddy, Villupuram - 605 602.
2. The General Manager Tamilnadu State Transport Corporation Vellore Region, Vellore - 632 109.
3. The Administrator Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
+1cc to Mr.B.L.S.Prasad, Advocate, S.R.No.60690 +2cc's to Mr.P.Kannan Kumar, Advocate, S.R.No.61904 W.P.No.37195 of 2016 GR(CO) CA(24/11/2016)