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Madras High CourtWP/27565/2019disposed of

V.Padmanaban S/O. Thiru Varadharaja Gounder v. The Managing Director

2019-09-17Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :17.09.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.27565 of 2019 V.Padmanaban ..Petitioner vs 1.The Managing Director Tamil Nadu State Transport Corporation (VPM) Ltd., No.3/137, Salamedu Vazhuthareddy Post Villupuram-605 602.

2.The Administrator Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar - House Pallavan Salai, Chennai-600 002.

3.The General Manager Tamil Nadu State Transport Corporation (VPM) Ltd., No.3/137, Salamedu Vazhuthareddy Post Villupuram-605 602.

.. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to disburse the retirement benefits, viz., Provident Fund Contribution Amount Rs.3,00,000/-, Earned Leave Surrender Salary Amount of Rs.1,56,260/-, Gratuity Amount of Rs.9,54,444/-, Pension Commutation Amount of Rs.8,00,000/-, Salary Arrears of Rs.50,875/-, Bonus Amount and performance incentive Rs.30,675/-, Institute of Road Transport Contribution Amount Rs.4,005/- and Pension arrears amount of Rs.1,56,000/-, the total comes to Rs.24,52,259/- (Rupees Twenty Four Lakhs Fifty Two Thousand and Two Hundred Fifty Nine Only) with 18% interest on delayed payment to the petitioner the Special Grade Driver who has compulsorily retired from service on 19.10.2018. 1/6

For Petitioner : Mr.D.Veerasekaran For Respondents : Mr.A.Antony Arockiaraja

O R D E R

Writ Petition is filed for issuance of a Writ of Mandamus directing the respondents to disburse the retirement benefits, viz., Provident Fund Contribution Amount Rs.3,00,000/-, Earned Leave Surrender Salary Amount of Rs.1,56,260/-, Gratuity Amount of Rs.9,54,444/-, Pension Commutation Amount of Rs.8,00,000/-, Salary Arrears of Rs.50,875/-, Bonus Amount and performance incentive Rs.30,675/-, Institute of Road Transport Contribution Amount Rs.4,005/- and Pension arrears amount of Rs.1,56,000/-, the total comes to Rs.24,52,259/- (Rupees Twenty Four Lakhs Fifty Two Thousand and Two Hundred Fifty Nine Only) with 18% interest on delayed payment to the petitioner, the Special Grade Driver, who has compulsorily retired from service on 19.10.2018. 2.

Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents. By consent, the writ petition is taken up for final disposal. 3.The case of the petitioner is that the petitioner was appointed as a Driver in the year 1985 in Tamil Nadu State Transport Corporation (Villupuram) Limited and his service was regularised as Driver in the year 1987. The petitioner was upgraded as Selection Grade Driver in the year 2001 and further, upgraded as Special Grade Driver in the year 2011. The petitioner was compulsorily retired from service in the year 2018 as Special Grade Driver and he was relieved from service on 19.10.2018. However, retirement benefits were not settled by the 2nd respondent. Hence the petitioner made a representation on 05.09.

2019 to the respondents requesting them to settle the retirement benefits. However, the petitioner's representation was not considered by the respondents till date. Hence, this writ petition.

4. Learned counsel appearing for the petitioner would submit that it would suffice, if this Court issues direction to the respondents to consider the petitioner's representation dated 05.09.2019 and pass appropriate orders within a stipulated time frame.

5.Learned counsel appearing for the respondents has also conceded the request made by the learned counsel appearing for the petitioner.

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6. Considering the limited request made by the learned counsel appearing for the petitioner, this Court hereby directs the respondents to consider the petitioner's representation dated 05.09.2019, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

7. The writ petition is accordingly disposed of. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kj To 1.The Managing Director Tamil Nadu State Transport Corporation (VPM) Ltd., No.3/137, Salamedu Vazhuthareddy Post Villupuram-605 602.

2.The Administrator Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar - House Pallavan Salai, Chennai-600 002.

3.The General Manager Tamil Nadu State Transport Corporation (VPM) Ltd., No.3/137, Salamedu Vazhuthareddy Post Villupuram-605 602.

+1cc to Mr.D.Veerasekaran, Advocate SR.NO.79814 +1cc to Mr.A.Antony Arockiaraja, Advocate sr.80300 W.P.No.27565 of 2019 ssd(co) nr 31/10/2019 3/6