B.Markandan, v. M/S. State Express Transport
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:11.03.2016
CORAM
THE HON'BLE MR.JUSTICE T.RAJA W.P.No.9046 of 2016 B.Markandan .. Petitioner vs
1. M/s.State Express Transport Corporation, rep. by its Managing Director, Pallavan Salai, Chennai-600 002.
2.M/s.TNSTC Employees Pension Trust, rep. by its Administrator, 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 terminal benefits of Provident Fund of Rs.4,29,570/-, commutation of pension of Rs.3,66,650/-, leave salary of Rs.3,63,942/-, social security scheme benefit of Rs.27,187/-, unearned leave salary on private affairs of Rs.60,000/- and EEC & EMC refund of Rs.5,000/- altogether a sum of Rs.12,52,349/- with interest at the rate of 12% taking into consideration of petitioner's representation dated 12.02.2016.
For Petitioner : Mr.D.Soundarraj For Respondents : Mr.P.Kannankumar
O R D E R
The petitioner, B.Markandan, joined the service of State Express Transport Corporation as Junior Assistant and subsequently promoted as Superintendent and thereafter he had retired from service on 31.05.2014 as Senior Superintendent, after serving 34 years of service in the respondent Corporation. 2.According to the petitioner, since he was retired from service as early as 31.05.2014, till date he was not paid terminal benefits. Therefore, he submitted a representation before the respondents on 12.02.2016. However, till date, the same has not been considered. Hence, the present writ petition. https://hcservices.ecourts.gov.in/hcservices/
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 and the 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 12.02.2016, 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 vga To
1. Managing Director, State Express Transport Corporation, Pallavan Salai, Chennai-600 002.
2. The Administrator, TNSTC Employees Pension Trust, Pallavan Salai, Chennai-600 002.
+ 2 ccs to Mr.Kannan Kumar, Advocate sr.16519 + 1 cc to Mr.Sundaraj, Advocate Sr.15802 W.P. No.9046 of 2016 MG(CO) EU 30.03.16 https://hcservices.ecourts.gov.in/hcservices/