P.K.Murthy, v. The Managing Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:04.02.2016
CORAM
THE HON'BLE MR.JUSTICE T.RAJA W.P.No.4281 of 2016 P.K.Murthy .. Petitioner vs
1. The Managing Director Corporation (Villupuram) Limited Vazhuthareddy Villupuram 605 602.
2. The General Manager Corporation(Villupuram) Limited Vellore Region Vellore 632 009.
.. Respondents Writ petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to disburse the payments relating to gratuity, by calculating D.A.eligible as per newly implemented scheme, with interest at 12% per annum with effect from 01.01.2013 within a stipulated time that may be fixed by this Court.
For Petitioner : Mr.J.Pradeep For Respondents : Mr.P.Paramasivadoss
O R D E R
The petitioner, P.K.Murthy, who served as a Security Guard in the erstwhile Thanthai Periyar Transport Corporation Limited, Villupuram now amalgamated with the Tamil Nadu State Transport Corporation, retired from service on 30.06.2013. At the time of retirement, he was working as a Special Grade Security Guard in the Tirupattur Depot of the second respondent corporation. According to the petitioner, though he was retired from service as early as 30.06.2013, till date he was not paid with any retirement benefits, viz., Gratuity, Earned Leave salary and Medical Leave except for paying the provident fund and
pension commutation amount. Therefore, he submitted a representation before the first and second respondents on 21.04.2015. However, till date, the same has not been considered. Hence, the present writ petition.
2. When the matter is taken up today for hearing, learned counsel appearing for the petitioner brought to the notice of this Court the common judgment dated 12.06.2015 passed by the Madurai Bench of this Court in W.A.(MD) Nos.383 to 457 of 2015 wherein under similar circumstances, the respondent-Corporation undertook to pay the amount due and payable in twelve equal monthly instalments. He would further submit that following the same, this Court has passed similar orders in several writ petitions. Accordingly, he would pray that a similar order may be passed in this writ petition also.
3. Heard the learned counsel for the petitioner and Mr.P.Paramasivadoss, learned counsel, who took notice on behalf of the respondents.
4. Considering the facts and circumstances of the case and in view of the earlier orders passed by this Court in similar circumstances, without going into the merits of the matter, the respondents 1 and 2 are directed to disburse the aforementioned retiral benefits to the petitioner in twelve equal monthly instalments with interest at the rate of 6%, in the light of the common judgment passed by this Court in W.A.(MD) Nos.383 to 457 of 2015 dated 12.06.2015. It is also made clear that the first instalment shall commence from 01.03.2016.
5. With the above direction, this writ petition is disposed of. No costs.
Sd/- Asst.Registrar (CS VII ) /true copy/ Sub Asst. Registrar vj2 To
1. The Managing Director Corporation (Villupuram) Limited Vazhuthareddy Villupuram 605 602.
2. The General Manager Corporation(Villupuram) Limited Vellore Region Vellore 632 009.
1 cc to Mr.J. Pradeep, Advocate, Sr. 7385 W.P.No.4281 of 2016 CTK (CO) kk 17/2