R.Sankaran, v. The Managing Director,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:11.03.2016

CORAM

THE HON'BLE MR.JUSTICE T.RAJA W.P.No.9087 of 2016 R.Sankaran .. Petitioner vs 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, Villupuram Region, Villupuram.

3.The Administrator, Tamil Nadu State Transport Corporation, Employees Post Retirement Welfare Fund Scheme, 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 leave salary, gratuity, commutation, dearness allowance arrears, settlement 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 to the petitioner payable from the date of retirement i.e. 31.05.2015 to till date of actual payment to the petitioner within the time that may be stipulated by this Court. For Petitioner : Mr.M.Selvam For Respondents : Mr.S.Sairaman

O R D E R

The petitioner, R.Sankaran, joined the service of Thanthai Periyar Transport Corporation Ltd., Villupuram as Conductor and thereafter he had retired from service on 31.05.2015 as Traffic Manager in Pondicherry Branch, Pondicherry in the respondent Corporation.

2.According to the petitioner, since he was retired from service as early as 31.05.2015, till date he was not paid terminal benefits. Therefore, he submitted a representation before the respondents on 29.02.2016. 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 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 29.02.2016, 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.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, Villupuram Region, Villupuram.

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

+1 cc to Mr.S.Sairaman, Advocate, sr.15805 +1 cc to M/s.M.Selvam, Advocate, sr.15803 W.P. No.9087 of 2016 ak co kra 24.03.2016