Madras High CourtWP/41050/2016disposed of

A.Mani v. Tamilnadu State Transport

2016-11-23Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.11.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.41050 of 2016 1 A.Mani ... Petitioner Vs.

1 Tamilnadu State Transport Corporation (Salem Division-1) Rep by its Managing Director No.12, Ramakrishna Road Salem-7 2 Tamilnadu State Transport Corporation Rep by its Administrator Head Office, Thiruvalluvar House Palalvan Salai Chennai-600 002 3 State of Tamil Nadu Rep by its Secretary Department of Transport Fort St. George Chennai-600 009 ... 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 sanction all the terminal benefits including Pension, Commutation of Pension, ERBS Pension, Gratuity, Provident Fund, Family Welfare Fund, Leave Encashment (Earned Leave and Medical), Arrears of earned leave from 2009 to 2011, Surrender leave wages, Medical leave allowance, Labour Welfare Fund, IRT Share amount, enhanced Dearness Allowance amount and all other retirement benefits with 18% interest. For Petitioner : Ms.D.Nagasaila For Respondents :

Mr.R.K.Gandhi

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 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 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.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar sbi

To 1 The Managing Director Tamilnadu State Transport Corporation (Salem Division-1) No.12, Ramakrishna Road Salem-7 2 The Administrator, Tamilnadu State Transport Corporation Head Office, Thiruvalluvar House Palalvan Salai Chennai-600 002 3 The Secretary, State of Tamil Nadu Department of Transport Fort St. George Chennai-600 009 +1 cc to M/s.D.Maga Saila Advocate sr 68404 W.P.No.41050 of 2016 aa23/12/2016