V.Ramaswamy, v. The Managing Director,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:26.02.2016

CORAM

THE HON'BLE MR.JUSTICE T.RAJA W.P.No.7157 of 2016 V.Ramaswamy .. Petitioner vs 1.The Managing Director, Metropolitan Transport Corporation (Chennai) Ltd., Pallavan House, Pallavan Salai, Chennai - 600 002.

2.The Administrator, Tamil Nadu State Transport Corporation, Employees Post Retirement Welfare Fund, 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 to settle the petitioner's retirement benefits including gratuity, pension, commutation, leave surrender, Dearness Allowance, salary, social security scheme, deposits for engineering, medical & polytechnic colleges and all other attendant retirement benefits etc. with interest at the rate of not less than 12% per annum payable from the date of retirement i.e. 28.02.2015 to till the payment to be made to the petitioner within the time stipulated by this Court.

For Petitioner : Mr.R.Murali For Respondents : Mr.P.Kannankumar

O R D E R

The petitioner, V.Ramaswamy, joined the service of Pallavan Transport Corporation as Driver on 15.07.1988 and he has been continuously performed his services under the 1st respondent with an unblemished service record.

2.The grievance of the petitioner is that though he retired from service on 28.02.2015, till date he was not paid terminal benefits. Therefore, he submitted a representation before the

respondents on 01.02.2016. 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 for the petitioner and Mr.P.Kannankumar, learned counsel appearing for the respondents. 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 01.02.2016 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(CS III) //True Copy// Sub Assistant Registrar To 1.The Managing Director, Metropolitan Transport Corporation (Chennai) Ltd., Pallavan House, Pallavan Salai, Chennai - 600 002.

2.The Administrator, Tamil Nadu State Transport Corporation, Employees Post Retirement Welfare Fund, Thiruvalluvar House, Pallavan Salai, Chennai-600 002.

+1cc to Mr.R.Murali, Advocate, S.R.No.12421 +2cc to Mr.P.Kannan kumar, Advocate, S.R.No.13098 W.P.No.7157 of 2016 kk(CO) srg(15/03/2016)