S.Gopinath, Staff No.To8166 v. The Principal Secretary To
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.11.2016
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.40695 of 2016 S.Gopinath ... Petitioner Vs.
1.The Principal Secretary to Government Transport Department Fort St. George Chennai-600 009.
2.The Managing Director Metropolitan Transport Corporation (Chennai) Ltd Pallavan Salai Chennai-600002 3.The Administrator Tamil Nadu State Transport Corporation Pension Fund Trust Thiruvalluvar House Pallavan Salai Chennai-600 002.
... Respondents Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the 2nd & 3rd respondents to disburse the retirement benefits viz. Earned Leave Surrender salary Amount of Rs.2,91,950/, Settlement Arrears amount of Rs.30,400/-, Pension Commutation Amount of Rs.1,30,065/- and IRT Contribution Amount of Rs.4,600/- the total comes to Rs.4,57,015/- (Rupees Four Lakhs Fifty Seven Thousand and Fifteen Only) with 18% interest on delayed payment to the petitioner the Senior Trades Man who has retired from service on 28.02.2015.
For Petitioner : Mr.D.Veerasekaran For Respondents : Mr.O.Selvam, Government Advocate for R1 Mr.R.K.Gandhi for R2 & R3
ORDER
By consent, the main writ petition itself is taken up for final disposal.
2. The petitioner joined the service 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, learned Government Advocate, who has taken notice on behalf of the first respondent and the learned counsel, who has taken notice on behalf of the respondents 2 and 3.
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(J) //True Copy// Sub Assistant Registrar sbi
To 1.The Principal Secretary to Government Transport Department Fort St. George Chennai-600 009.
2.The Managing Director Metropolitan Transport Corporation (Chennai) Ltd Pallavan Salai Chennai-600002 3.The Administrator Tamil Nadu State Transport Corporation Pension Fund Trust Thiruvalluvar House Pallavan Salai Chennai-600 002.
+1cc to Mr.D.Veerasekaran, Advocate, S.R.No.67685 +1cc to the Government Pleader, S.R.No.68098 W.P.No.40695 of 2016 NR(CO) CA(06/01/2017)