S.Manoharan v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.11.2016
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.40747 of 2016 and W.M.P.No.34724 of 2016 1 S.Manoharan ... Petitioner Vs 1 The State of Tamilnadu rep. by the Secretary to Government Transport Department Fort St. George Chennai-9 2 The General Manager Tamilnadu State Transport Corporation (Villupuram) Ltd. Kancheepuram Region Kancheepuram Kancheepuram District 3 The Managing Director Tamilnadu State Transport Corporation (Villupuram) Ltd. Kancheepuram Region Villupuram Villupuram District ... Respondents Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the 1st respondent to pay the retirement settlement amounts to the petitioner such as settlement amount of Rs.4 60 000/- (Rupees Four Lakh Sixty Thousand only) with reasonable interest Gratuity Leave Salary etc. keeping his age health problems financial difficulties etc.
For Petitioner :Mr.S.Arunkumar For Respondents :Mr.S.N.Parthasarathi,G.A.
for R1 Mr.R.K.Gandhi, for R2 and 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. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar
sbi To 1 The Secretary to Government State of Tamilnadu Transport Department Fort St. George Chennai-9.
2 The General Manager Tamilnadu State Transport Corporation (Villupuram) Ltd. Kancheepuram Region Kancheepuram Kancheepuram District.
3 The Managing Director Tamilnadu State Transport Corporation (Villupuram) Ltd. Kancheepuram Region Villupuram Villupuram District.
+1cc to Mr.S.Arunkumar, Advocate Sr.67865 +1cc to the Government Pleader Sr.68348 W.P.No.40747 of 2016 lrs[co] srg 26/12/2016