G.Selvam, Staff No.Dr3053 v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.12.2016
CORAM:
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.43140 of 2016 G.Selvam .. Petitioner Vs
1. The Managing Director, Corporation (Villupuram) Ltd., Vazhuthareddy,
2. The General Manager, Corporation (Villupuram) Limited, Villupuram Region,
3. The Administrator, Tamil Nadu State Transport Corporation, Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
..
Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to settle the petitioner's retirement benefits including Gratuity, Commutation, EL Surrender, Pension arrears, DA Arrears and RBS arrears etc. with interest at the rate of not less than 18% per annum payable from the date of retirement and consequently directing the respondents to pay interest at the rate of 18% per annum for the belated settlement of retirement benefits to the petitioner payable from the date of retirement i.e. 30.06.2015 to till date of actual payment to the petitioner. For Petitioner : Mr.V.Dhandapani For Respondents: Mr.P.Kannankumar
ORDER
By consent given, the writ petition is taken up for final disposal.
2. The petitioner in affidavit filed in support of this Writ Petition would state that he joined the service as Driver
in Thanthai Periyar Transport Corporation Limited, Villupuram. He retired from service on superannuation on 30.06.2015 and at that time, he was drawing a sum of Rs.25,505/-. The grievance expressed by the petitioner is that at the time of retirement on 30.06.2015, the respondent had paid a sum of Rs.2,00,000/- towards Provident Fund and was eligible to receive the following retrial benefits, which are due to him :- i) Gratuity : Rs.3,50,000/- ii) Commutation : Rs.1,75,000/- iii) EL surrender : Rs. 10,000/- iv) Pension arrears : Rs. 25,000/- v) DA arrears : Rs. 10,000/- vi) RBS arrears : Rs. 6,000/- ----------------- Rs.5,76,000/- -----------------
3. The petitioner in this regard has submitted a representation dated 15.11.2016, to the first respondent and despite the receipt all the acknowledgment, no order have been passed and hence the petitioner is come forward to file this writ petition.
4. Heard the submissions of the learned counsel for the petitioner and Mr.P.Kannan Kumar, learned counsel for respondents 1 to 2.
5. Though the petitioner has prayed for a larger relief, this Court in the light of the above circumstances and without going into the merits of the same, directs the first respondent to consider the representation of the petitioner dated 15.11.2016 on merits and in accordance with law and pass appropriate orders within a period of ten weeks from the date of receipt of this Order and communicate the decision taken, to the petitioner.
6. The writ petition stands disposed of with the above direction. No costs.
Sd/- Asst.Registrar (CS VII ) /true copy/ Sub Asst. Registrar To
1. The Managing Director, Corporation (Villupuram) Ltd., Vazhuthareddy,
2. The General Manager, Corporation (Villupuram) Limited, Villupuram Region,
3. The Administrator, Tamil Nadu State Transport Corporation, Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
nmi(co) krd 9/1 W.P.No.43140 of 2016