Mr.R.Govindasamy, v. The Government Of Tamil Nadu,
In the High Court of Judicature at Madras Dated: 11.03.2016 Coram:
The Honourable Mr.Justice T.RAJA Writ Petition No.9221 of 2016 R.Govindasamy
...Petitioner
-Versus1. 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 and other benefits with 18% interest on delayed payment to the petitioner from 30.06.2014, the date of retirement till the date of settlement of the terminal benefits to the petitioner by following the Judgement passed in W.A.(MD) Nos.383 to 457 of 2015 dated 12.06.2015.
For Petitioner .. Mr.V.S.Jagadeesan For Respondent- 1 .. Mr.P.Chinnadurai Government Advocate For Respondents -2 & 3 .. Mr.P.Kannan kumar
ORDER
The petitioner Mr.R.Govindasamy, who joined as Junior Assistant and then promoted as Selection Grade Senior Assistant in the Transport Corporation, retired from Service with effect from 30.06.2014. But his terminal benefits, like Gratuity, Commuted value of pension, Leave Encashment amount, Pension Arrears and PF Arrears have not been disbursed. Therefore, the petitioner has given representations. As there is no response to his representations, he has come to this Court with the present Writ Petition.
2. 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.
3. Heard the learned counsel for the petitioner and Mr.P.Chinnadurai, learned Government Advocate appearing on behalf of the first respondent and Mr.P.Kannan kumar, learned counsel appearing for respondents 2 and 3.
4. 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 2 to 4 are directed to consider and dispose of the representations submitted by the petitioner dated 25.05.2015 and 10.02.2016 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.
5. The Writ Petition is disposed of accordingly. No costs. mra Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To
1. The 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.
+ 1 cc to M/s.V.S.Jagadeesan, Advocate Sr 15682 + 2 ccs to Mr.P.Kannan kumar, Advocate Sr 16520 KR/11/4/16 Writ Petition No.9221 of 2016