A.Arulanandaswamy, v. M/S.State Express Transport

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.02.2016

CORAM

THE HON'BLE MR.JUSTICE T.RAJA W.P.No.5573 of 2016 A.Arulanandaswamy ... Petitioner Vs M/s.State Express Transport Corporation, rep. by its Managing Director, Pallavan Salai, Chennai 600 002.

... Respondent Writ petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the respondent to settle petitioner's terminal benefits like commutation, provident fund, earned leave salary, E.E.C. And C.M.C. Arrears of Post Retirement Benefits Fund Scheme, Dearness Allowance Arrears and social security scheme amount altogether a sum of Rs.7,25,500/- with interest at the rate of 12%. For Petitioner : Mr.D.Soundarraj For Respondent : Mr.Paramasivadoss

O R D E R

The petitioner, A.Arulanandaswamy, joined the service of State Express Transport Corporation as Driver on 10.09.1992 and he has been periodically promoted as Senior Driver and Selection Grade Senior Driver and then retired from service on 31.05.2014. 2.The grievance of the petitioner is that though he was retired from service on 31.05.2014, till date he was not paid terminal benefits. Therefore, he submitted a representation before the respondent on 02.12.2015. However, till date, the same has not been considered. Hence, the present writ petition. 3.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 https://hcservices.ecourts.gov.in/hcservices/

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.

4.Heard the learned counsel for the petitioner and Mr.Paramasivadoss, learned counsel appearing for the respondent. 5.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 respondent is directed to consider and dispose of the representation submitted by the petitioner dated 02.12.2015 on merits and in accordance with law, 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, within a period of four weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner.

6.Accordingly, this writ petition is disposed of. No costs. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar vga To The Managing Director, M/s.State Express Transport Corporation, Pallavan Salai, Chennai 600 002.

+1cc to Mr.P.KannanKumar, Advocate, S.R.No.10333 +1cc to Mr.D.Soundarraj, Advocate, S.R.No.9706 W.P.No.5573 of 2016 KJI(CO) CA(14/03/2016) https://hcservices.ecourts.gov.in/hcservices/