Madras High CourtWP/39193/2016disposed of

S.Mohan v. The Managing Director,

2016-11-09Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.11.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.39193 of 2016 S.Mohan ... Petitioner Vs The Managing Director, Tamil Nadu State Transport Corporation (Salem) Ltd., No.12, Ramakrishna Road, Salem-7.

... Respondent Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus directing the respondent herein to consider the petitioner's representation dated 5.10.2016 for settlement of all the terminal benefits due and payable to the petitioner with interest at 12% per annum with effect from 30.6.2016 within the time to be stipulated by this Honourable Court. For Petitioner :

Mr.R.Bharathkumar For Respondent :

Mr.R.K.Gandhi

ORDER

By consent, the main writ petition itself is taken up for final disposal.

2. The petitioner has come up with the present writ petition for a mandamus, directing the respondent to consider his representation dated 5.10.2016 for settlement of all the terminal benefits due and payable to him with interest at 12% per annum with effect from 30.6.2016 within the time to be stipulated by this Court.

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3. It is the case of the petitioner that he was working as Senior Assistant at Salem Region of respondent corporation and he retired from service on 30.6.2016. After retirement, since his terminal benefits were not given to him, he sent a representation dated 5.10.2016 to the General Manager of the respondent corporation, requesting him for settlement of his terminal 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 has taken notice on behalf of the respondent.

5. Considering the facts and circumstances of the case and considering the submissions made on either side, without going into the merits of the claim projected by the petitioner, this Court directs the respondent to consider the representation of the petitioner dated 5.10.2016 seeking settlement of all the terminal benefits due and payable to him with interest at the rate of 12% per annum with effect from 30.6.2016 and pass appropriate orders, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs.

Sd/- Asst.Registrar (CS V ) /true copy/ Sub Asst. Registrar sbi To The Managing Director, Tamil Nadu State Transport Corporation (Salem) Ltd., No.12, Ramakrishna Road, Salem-7.

1 cc to Mr.R. Bharathkumar, Advocate, Sr. 64299 W.P.No.39193 of 2016 SK (CO) kk 9/12 https://hcservices.ecourts.gov.in/hcservices/