D.Ramakrishnan v. The Managing Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.11.2016
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH W.P.No.40482 of 2016 D.Ramakrishnan ... Petitioner vs.
1. The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, No.12, Ramakrishna Road, Salem - 636 007.
2. The General Manager, Tamil Nadu State Transport Corporation (Salem) Limited, Dharmapuri Region, Dharmapuri- 636 705
3. The Administrator, Tamil Nadu State Transport Corporation, Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
... Respondents Prayer :- Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondents to disburse the payments relating to provident fund, gratuity, pension commutation, leave encashment earned & Medical leave),leave surrender amount while in service, IRT amount, social welfare fund, ERBS amount, D.A. Arrears and all other attendant benefits by calculating D.A. Eligible as per the fixation made by the Government of Tamilnadu periodically along with the entitled difference of dearness allowances also, with interest at 12% per annum with effect from 01.08.2016. For Petitioner : Mr.J.Pradeep For Respondents :
Mr.R.K.Gandhi
O R D E R
With the consent of both sides, the main writ petition itself is taken up for final disposal.
2. The writ petition has been filed seeking Mandamus directing the respondents to settle the retirement benefits, due to the petitioner, with interest, within the time that may be stipulated by this Court.
3. The petitioner is the retired employee of the respondents Corporation and he was not paid the retirement benefits due to him, fully. Hence, the petitioner made representation to the respondent requesting to pay all the retirement benefits. But, the same has not been 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 take notice for the respondents.
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 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 01.02.2017.
7.With the above direction, the present writ petition is disposed of. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar
mrp To
1. The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, No.12, Ramakrishna Road, Salem - 636 007.
2. The General Manager, Tamil Nadu State Transport Corporation (Salem) Limited, Dharmapuri Region, Dharmapuri- 636 705
3. The Administrator, Tamil Nadu State Transport Corporation, Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
+1cc to Mr.R.K. Gandhi, Advocate, S.R.No.67190 GJII(CO) md(01/12/2016) W.P.No.40482 of 2016