B.Devarajan v. Tamil Nadu State Transport

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.11.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.39999 of 2016 1 B.Devarajan ... Petitioner Vs 1 Tamil Nadu State Transport Corporation (Villupuram) Ltd Rep. by The Managing Director 3/137 Salamedu Valudha Reddy Post Villupuram-605 602.

2 Tamil Nadu State Transport Corporation (Villupuram) Ltd Rep by The General Manager Kancheepuram Region Kancheepuram-631 552.

3 Tamil Nadu State Transport Corpn (Villupuram) Ltd Employees Post Retirement Welfare Fund Scheme Rep. by The Administrator Thiruvalluvar House Pallavan Salai Chennai-2.

... Respondents Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondents to settle the service Gratuity, Leave Salary, Dearness Allowance Arrears, 12(3) Settlement Arrears, Revised Pension and Pension Arrears payable to the petitioner with all other attendant retirement benefits with interest at the rate of not less than 12% per annum payable from the date of retirement within the time that may be stipulated by this Honourable Court by considering and passing orders on the representation of the petitioner dated 2.11.2016.

For Petitioner : Mr.N.Ishak For Respondents : Mr.S.Sairaman

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.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

sbi To 1 The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Ltd 3/137 Salamedu Valudha Reddy Post Villupuram-605 602.

2 The General Manager Tamil Nadu State Transport Corporation (Villupuram) Ltd Kancheepuram Region Kancheepuram-631 552.

3 The Administrator Tamil Nadu State Transport Corpn (Villupuram) Ltd Employees Post Retirement Welfare Fund Scheme Thiruvalluvar House Pallavan Salai Chennai-2.

+1cc to Mr.S. Sairaman, Advocate, S.R.No.66250 +1cc to Mr.Ishak, Advocate, S.R.No.65588 ppa(CO) md(29/11/2016) W.P.No.39999 of 2016