Dhayanidhi, v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.11.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.40727 of 2016 Dhayanidhi ... Petitioner vs.

1.The State of Tamil Nadu rep. by its Principal Secretary, Transport Department, Fort St. George, Chennai-600 009.

2.The Managing Director, State Express Transport Corpn (TN) Ltd.

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 respondent to disburse the retirement benefits with the interest as described in the petitioner's representation dated 24.10.2016.

For Petitioner : Mr.A.Murugan For Respondents : Mr.K.Dhananjayan, Spl GP (For R1) Mr.P.Kannan Kumar (For R2)

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 respondent, 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 have taken notice on behalf https://hcservices.ecourts.gov.in/hcservices/

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 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 1.2.2017.

6. With the above direction, the present writ petition is disposed of. No costs.

ssv Sd/- Assistant Registrar (CS- ) /TRUE COPY/ Sub-Assistant Registrar To 1.The Principal Secretary, State of Tamil Nadu Transport Department, Fort St. George, Chennai-600 009.

2.The Managing Director, State Express Transport Corpn (TN) Ltd.

Chennai-600 002.

+1 CC Mr.A.Murugan Advocate SR.No.67796 +1 CC Government Pleader SR.No.68350 W.P.No.40727 of 2016 RK [CO] MSI 29/12/2016 https://hcservices.ecourts.gov.in/hcservices/