Mr.J.Vijayakumar, 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.39309 of 2016 Mr.J.Vijayakumar, Sr.D.I Staff No.1045 ... 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 (VPM) Limited, 3/137 Salamedu, Valuthareddy - Post, Villupuram - 605 602.
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 after to extend the benefits of pay revision in terms of settlement with enhanced dearness allowance and to pay all the retirement benefits payable to the petitioner including the Gratuity, Difference in leave Salary (EL), Pension Arrears, Pension DA Arrears, Arrears in salary for 10 days, Grade pay arrears (D.I) with interest of 18% on delayed payment to the petitioner from 31.08.2012 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.P.Kannan Kumar 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 and to extend the benefits of pay revision in terms of settlement with enhanced dearness allowance and to pay all the retirement benefits payable to the petitioner including the Gratuity, Difference in leave Salary (EL), Pension Arrears, Pension DA Arrears, Arrears in salary for 10 days, Grade pay arrears (D.I) with interest of 18% on delayed payment to the petitioner from 31.08.2012 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 Thanthai Periyar Transport Corporation on 21.10.1980 and retired from service on 31.08.2012 as Senior Driving Instructor. The petitioner was not paid the retirement benefits like Gratuity, Difference in leave Salary (EL), Pension Arrears, Pension DA Arrears, Arrears in salary for 10 days, Grade pay arrears (D.I). Hence, the petitioner made a representation dated 13.09.2016 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/- Asst.Registrar /true copy/ Sub Asst. Registrar pri 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 (VPM) Limited, 3/137 Salamedu, Valuthareddy - Post, Villupuram - 605 602.
3 The Administrator Tamil Nadu State Transport Corporation Pension Fund Trust Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
+1cc to Mr.V.S.Jagadeesan, Advocate Sr.64467 +1cc to Government Pleader Sr.64934 W.P.No.39309 of 2016 KJI(CO) RVR 15/12/2016