Madras High CourtWP/788/2016disposed of

R.Radhakrishnan v. The Managing Director

2016-01-11Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.01.2016

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.788 of 2016 S.Radhakrishnan ... Petitioner Vs

1. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd. Vazhuthareddy, Villupuram - 605 602.

2. The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd.

Kancheepuram Region, Kancheepuram.

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 Writ of Mandamus directing the respondents to settle the petitioner's retirement benefits including Leave Salary, gratuity, Dearness Allowance arrears 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 and consequently directing the respondents to pay interest at the rate of 12% per annum for the belated settlement of retirement benefits including the commuted value of pension, social security scheme arrears, Provident Fund, refund of Institute of road transport arrears etc. to the petitioner payable from the date of retirement i.e. 31.08.2013 to till date of actual payment to the petitioner within the time that may be stipulated by this Court.

For Petitioner : Mr.T.Pappaiah Dharmarajan For Respondents : Mr.S.Saikannan

O R D E R

By consent, this writ petition is taken up for final disposal.

2.The petitioner has filed this writ petition seeking a direction to the respondents to settle his retirement benefits including leave salary, gratuity, dearness allowance arrears and all other attendant benefits etc. with interest at 12% per annum and consequently directing the respondents to pay interest at the rate of 12% per annum for the belated settlement of retirement benefits including the commuted value of pension, social security scheme arrears, provident fund, refund of Institute of road transport arrears etc. from the date of retirement i.e., 31.05.2013 to till the date of actual payment to the petitioner within the time stipulated by this court. 3.According to the petitioner, he joined as Conductor in the Tamil Nadu State Transport Corporation (Villupuram) Limited on 26.10.1984 and retired from service on 31.08.

2013 on attaining the age of superannuation. At the time of retirement, he was paid a sum of Rs.22,000/- towards provident fund, but he was not paid other retirement benefits. Therefore, the petitioner made a representation dated 30.12.2015 to the first respondent. Since, the same was not considered, the present writ petition came to be filed.

4.Learned counsel for the petitioner has drawn the attention of this Court to a common judgement dated 12.06.2015 made in WA (MD) Nos.383 to 457 of 2015 and submits that in similar facts and circumstances, the respondent Corporation undertook to pay the amount due and payable in 12 equal monthly installments and hence, similar order may be passed in this writ petition. 5.Heard Mr.T.Pappaiah Dharmarajan, learned counsel for the petitioner and Mr.S.Saikannan, learned Standing counsel, who took notice for the respondents.

6.Considering the facts and circumstances of the case and without going into the merits of the case, this Court directs the first respondent to consider the petitioner's representation dated 30.12.2015 and pass orders on merits and in accordance with law and also in the light of the common judgement dated 12.06.2015 made in WA (MD) Nos.383 to 457 of 2015 within a period of six weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner. 7.The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar rk To

1. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Limited, Vazhuthareddy, Villupuram 605 602.

2. The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Limited, Kancheepuram Region, Kancheepuram.

3. The Administrator, Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai 600 002. +1cc to Mr.S.Saikannan, Advocate, S.R.No.1876 +1cc to Mr.T.Pappaiah Dharmarajan, Advocate, S.R.No.1925 W.P.No.788 of 2016 SKV(CO) CA(29/01/2016)