K.Velu, v. The Managing Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.11.2016
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.41074 of 2016 1 K.Velu ... Petitioner Vs.
1 The Managing Director Tamilnadu State Transport Corporation (VPM) Ltd No.3/137, Salamedu Valuthareddy Villupuram- 605 602.
2 The General Manager TamilNadu State Transport Corporation (VPM) Ltd Vengikkal, Tiruvannamalai Regional Tiruvannamalai- 606 601.
3 The Administrator Tamilnadu State Transport Corporation Pension Fund Trust Thiruvalluvar House Pallvan 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 respondents to settle the retirement benefits including gratuity, Welfare Fund Post Retirement Scheme arrears and all other attendant retirement benefits etc. with interest at the rate of 12% for the belated settlement of retirement benefits including the commuted value of pension, gratuity etc. to the petitioner payable from the date of retirement i.e. 31.03.2015 to till the date of actual payment within the time that may be stipulated by this curt on par with similar issue decided in W.P. (MD) No.19544 of 2014 dated 23.07.2015 in issuing direction to the Transport Corporations to settle the terminal benefits of its employees in 12 equal monthly instalments and to pay 6% interest to the terminal benefits payable to the petitioner. For Petitioner :
Mr.K.Narayanan For Respondents :
Mr.P.Kannan Kumar
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 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.
Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar To 1 The Managing Director Tamilnadu State Transport Corporation (VPM) Ltd No.3/137, Salamedu Valuthareddy Villupuram- 605 602.
2 The General Manager TamilNadu State Transport Corporation (VPM) Ltd Vengikkal, Tiruvannamalai Regional Tiruvannamalai- 606 601.
3 The Administrator Tamilnadu State Transport Corporation Pension Fund Trust Thiruvalluvar House Pallvan Salai Chennai-600 002.
+2 cc's to M/s.P.Kannankumar,advocate,sr.69284 +1 cc to Mr.K.narayanan,advocate,sr.68207.
nr(co) krd 7/12 W.P.No.41074 of 2016