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Madras High CourtWP/27510/2019disposed of

K.Nagarajan v. The Govt Of Tamil Nadu

2019-09-18Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.09.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI K.Nagarajan ... Petitioner Vs.

1.The Government of Tamil Nadu, Rep.by the Secretary, Transport Department, Secretariat, St.George Fort, Chennai - 600 009.

2.The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, No.12, Ramakrishnan Road, Salem - 636 007.

3.The General Manager, Tamil Nadu State Transport Corporation (Salem) Limited, Dharmapuri Region, Bharathipuram, Dharmapuri - 636 705.

4.The Administrator, Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.

... Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to settle the petitioner's retirement benefits including Provident Fund, Gratuity, 1/4

Commutation, IRT, Labour Welfare and DA arrears with interest payable from the date of retirement based on the petitioner's representation dated 26.08.2019.

For Petitioner : Mr.M.Selvam For Respondents : Mrs.M.Lalitha Government Advocate

O R D E R

By consent, this writ petition is taken up for final disposal at the admission stage itself. Mrs.M.Lalitha, learned Government Advocate, accepts notice on behalf of the respondents.

2.The petitioner joined service in the 2nd respondent Corporation as Junior Assistant on 04.04.1992 and retired from service on 30.04.2019. At the time of retirement, he was working as Superintendent in the Traffic Wing, Dharmapuri of the 3rd respondent Corporation and he was drawing a salary of Rs.51,000/- at the time of retirement. The main grievance of the petitioner is that at the time of retirement, the other retirement terminal like Provident Fund, Gratuity, Commutation, IRT, Labour Welfare Fund and D.A., arrears were not settled. Therefore, the petitioner made a representation to the respondents in person on 26.08.2019. Since, the respondents have not taken any effort to disburse the aforesaid benefits, the petitioner has filed the present petition. 2/4

3.Heard both sides.

4.The learned counsel for the petitioner submitted that it would suffice if a direction to the respondents to consider the representation of the petitioner dated 26.08.2019 and pass orders within the time stipulated by this Court.

5.Considering the limited prayer sought for by the petitioner, this Court without expressing any opinion on the merits of the case, directs the respondents to consider the representation of the petitioner dated 26.08.2019 and pass orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of copy of this order. 6.With the above direction, this writ petition stands disposed of. No costs.

18.09.2019 Internet: Yes/No Index: Yes/No rm 3/4

M.DHANDAPANI,J., rm To 1.The Secretary, Government of Tamil Nadu, Transport Department, Secretariat, St.George Fort, Chennai - 600 009.

2.The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, No.12, Ramakrishnan Road, Salem - 636 007.

3.The General Manager, Tamil Nadu State Transport Corporation (Salem) Limited, Dharmapuri Region, Bharathipuram, Dharmapuri - 636 705.

4.The Administrator, Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.

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