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Madras High CourtWP/41301/2016disposed of

K.Pradaban, S/O.Krishnasamy, v. The Managing Director

2016-11-24Honourable Mr Justice R.Subbiah4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.11.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.41301 of 2016 K.Pradaban ... Petitioner vs.

The Managing Director, Tamil Nadu Transport Corporation Limited, 12, Ramakrishna Salai, Salem-636 007.

... Respondent Writ Petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondent to consider the petitioner's representation dated 08.11.2016 seeking retirement monetary benefits, Gratuity, Employee Provident Fund, Welfare Fund, 12(3) Settlement Arrears, Basic Pay, Earned Leave ARrears of salary amount and Dearness Allowance, Service Benefits, Pension, Bonus, Society Fund, Security Fund, Surrendered Medical Leave accrued in his credit so far in his credit in accordance with law within a time stipulated by this Court.

For Petitioner :

Mr.A.Ganesan For Respondent :

Mr.R.K.Gandhi

ORDER

By consent, the main writ petition itself is taken up for final disposal.

2. The writ petition has been filed seeking Mandamus directing the respondent to settle the retirement benefits, due to the petitioner, with interest, within the time that may be stipulated by this Court.

3. The petitioner is the retired employee of the respondent Corporation and he was not paid the retirement benefits due to him, fully. Hence, the petitioner made representation to the respondent requesting to pay all the retirement benefits. But, the same has not been considered so far. Hence, left with no other alternative, the petitioner has come up with the present writ petition for the relief set out earlier.

4. I have heard the learned counsel appearing for the petitioner and the learned counsel, who has taken notice on behalf of the respondent.

5. 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).

6. 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 01.02.2017.

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

24.11.2016 Index:Yes/No tsi

R.SUBBIAH, J tsi To The Managing Director, Tamil Nadu Transport Corporation Limited, 12, Ramakrishna Salai, Salem-636 007.

W.P.No.41301 of 2016 DATED: 24.11.2016 http://www.judis.nic.in