T.Mathivanan(87cr2j015804) v. The Tamil Nadu State Transport

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.11.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.37969 of 2016 T.Mathivanan .. Petitioner Vs.

1 The Tamil Nadu State Transport Corporation Ltd Coimbatore Division I Rep.

by its Managing Director No.37 Mettupalayam Road Coimbatore.

2 The General Manager The Tamil Nadu State Transport Chennimalai Erode .. Respondents Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the 1st respondent herein to settle all retirement benefits to the petitioner with interest and to pay interest for the delayed payments made to the petitioner in respect of Commutation and Gratuity.

For Petitioner :

Mr.Venkataswamy Babu 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 1.2.2017.

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

-s/dAssistant Registrar True Copy Sub-Assistant Registrar sbi To 1 The Managing Director, Tamil Nadu State Transport No.37 Mettupalayam Road Coimbatore.

2 The General Manager The Tamil Nadu State Transport Chennimalai Erode +1 cc to Mr.P.Kannan Kumar Advocate sr 63086 +1 cc to Mr.Venkataswamy babu Advocate sr 61979 W.P.No.37969 of 2016 rj(co) aa07/12/2016