Mr.S.Sivashanmugam, v. The Government Of Tamilnadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.11.2016
CORAM
THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.39307 of 2016 Mr.S.Sivashanmugam ... Petitioner Vs.
1 The Government of Tamil Nadu Rep. by its Principal Secretary, Transport Department, Secretariat, Fort St.George, Chennai - 600 009.
2 The Managing Director, Tamil Nadu State Transport Corporation (CBE) Limited, Head Office, No.37, Mettupalayam Road, Coimbatore - 641 043.
3 The Administrator Tamil Nadu State Transport Corporation Pension Fund Trust 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 settle the retirement benefits payable to the petitioner namely, Gratuity, Encashment of Leave Salary (EL), Encashment of Leave Salary (ML - 98), Settlement arrears, Pension DA Arrears, DA Arrears, Provident Fund Amount, Social Security Scheme, Retirement Benefits Scheme and other eligible terminal benefits with interest of 18% on delayed payment to the petitioner from 30.06.2015 the date of retirement to till the date of settlement of the terminal benefits to the petitioner by following the order passed in W.A(MD) Nos.383 to 457 of 2015 dated 12.06.2015. For Petitioner : Mr.V.S.Jagadeesan For Respondents : Mr.K.Dhananjayan for R1 Special Government Pleader Mr.S.Sairaman for R2 and R3
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 settle the retirement benefits payable to the petitioner namely, Gratuity, Encashment of Leave Salary (EL), Encashment of Leave Salary (ML - 98), Settlement arrears, Pension DA Arrears, DA Arrears, Provident Fund Amount, Social Security Scheme, Retirement Benefits Scheme and other eligible terminal benefits with interest of 18% on delayed payment to the petitioner from 30.06.2015 the date of retirement to till the date of settlement of the terminal benefits to the petitioner by following the order passed in W.A (MD) Nos.383 to 457 of 2015 dated 12.06.2015. 3.It is the case of the petitioner that he joined in the erstwhile Cheran Transport Corporation on 22.09.1993 and retired from service on 30.06.2015 as Special Grade Driver. The petitioner was not paid the retirement benefits like Gratuity, Encashment of Leave Salary (EL), Encashment of Leave Salary (ML - 98), Settlement arrears, Pension DA Arrears, DA Arrears, Provident Fund Amount, Social Security Scheme, Retirement Benefits Scheme etc.
Hence, the petitioner made a representation dated 07.10.2016 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, the learned Special Government Pleader who takes notice for the first respondent and the learned counsel who takes notice for the respondents 2 and 3.
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 01.02.2017.
7.With the above direction, the present writ petition is disposed of. No costs.
Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To 1 The Principal Secretary, The Government of Tamil Nadu Transport Department, Secretariat, Fort St.George, Chennai - 600 009.
2 The Managing Director, Tamil Nadu State Transport Corporation (CBE) Limited, Head Office, No.37, Mettupalayam Road, Coimbatore - 641 043.
3 The Administrator Tamil Nadu State Transport Corporation Pension Fund Trust Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
+1cc to M/S.V.S.Jagadeesan, Advocate Sr.64469 +1cc to the Government Pleader sr.64937 W.P.No.39307 of 2016 ssk[co] srg 10/12/2016