Madras High CourtWP/7140/2016disposed of

Mr.C.Karuppaiah, v. The Government Of Tamil Nadu,

2016-02-26Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:26.02.2016

CORAM

THE HON'BLE MR.JUSTICE T.RAJA W.P.No.7140 of 2016 C.Karuppaiah .. Petitioner vs 1.The Government of Tamil Nadu, rep. by its Principal Secretary, Transport Department, Secretariat, Fort St. George, Chennai-600 009.

2.The Managing Director, Tamil Nadu State Transport Corporation (VPM) Ltd., 3/137, Salamedu, Valuthareddy Post, Villupuram - 605 602.

3.The Financial Advisor and Chief Accounts Officer, Tamil Nadu State Transport Corporation (VPM) Ltd., 3/137, Salamedu, Valuthareddy Post, Villupuram - 605 602.

4.The Administrator, Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai-600 002.

.. Respondents Writ petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the respondents 2 to 4 to settle the petitioner's retirement benefits such as gratuity amount, commuted value of pension and leave encashment amount with 18% interest on delayed payment to the petitioner from 30.06.2015 the date of retirement to till the date of settlement of the terminal benefits to the petitioner by following the order passed in W.A. (MD) Nos.383 to 457 of 2015 dated 12.06.2015.

For Petitioner : Mr.V.S.Jagadeesan For Respondents : Mr.S.Gunasekaran, Government Advocate for R1 Mr.P.Kannankumar for R2 to R4

O R D E R

The petitioner, C.Karuppaiah, joined the service of Thanthai Periyar Transport Corporation (Villupuram) Ltd. as Cook on 18.10.1988 and he was allowed to retire from service on 30.06.2015 on attaining the age of superannuation. 2.The grievance of the petitioner is that though he was retired from service on 30.06.2015, till date he was not paid terminal benefits. Therefore, he submitted a representation before the respondents on 18.09.2015. 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 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 appearing for the petitioner, Mr.S.Gunasekaran, learned Government Advocate appearing for R1 and Mr.P.Kannankumar, learned counsel appearing for R2 to R4. 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 respondents are directed to consider and dispose of the representation submitted by the petitioner dated 18.09.2015 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. -s/dAssistant Registrar True Copy Sub-Assistant Registrar vga To 1.The Government of Tamil Nadu, rep. by its Principal Secretary, Transport Department, Secretariat, Fort St. George, Chennai-600 009.

2.The Managing Director, Tamil Nadu State Transport Corporation (VPM) Ltd., 3/137, Salamedu, Valuthareddy Post, Villupuram - 605 602.

3.The Financial Advisor and Chief Accounts Officer, Tamil Nadu State Transport Corporation (VPM) Ltd., 3/137, Salamedu, Valuthareddy Post, Villupuram - 605 602.

4.The Administrator, Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai-600 002.

+2 cc to Mr.P.Kannankumar, Advocate sr.13097 +1 cc to Mr.V.S.Jagadeesan Advocate sr.12069 +1 cc to Government Advocate sr.12578 W.P.No.7140 of 2016 svl(co) aa10/03/2016