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Madras High CourtWP/30023/2018disposed of

M.C.Krishnan v. The Additional Chief Secretary

2018-11-30Honourable Dr. Justice S. Vimala3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.11.2018

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA Writ Petition No.30023 of 2018 M.C.Krishnan ... Petitioners Vs 1 The Additional Chief Secretary to Govt.

and Chairman of All State Transport Undertakings Transport Department Govt. of Tamil Nadu Fort St. George Chennai 600 009. 2 The Administrator, TNSTC Employees Pension Fund Trust SETC Office No.2 Pallavan Salai Chennai -600 002. 3 The Managing Director, TNSTC (CBE) Ltd.

No.37 Mettupalayam Road Coimbatore - 641 043.

4 The General Manager Tamil Nadu State Transport Corporation No.37 Mettupalayam Road Coimbatore- 600 043. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the Respondents to consider the Petitioner's representation dated 22/10/2018 to disburse all the retirement benefits of the Petitioner (i.e Pension Amount/Pension Arrears for 01/06/2018 till date Gratuity Provident Fund Commutation Amount, Family Welfare Fund/Social Welfare Fund Employees Retirement Benefit Scheme Pension / Employees Retirement Benefit Scheme Pension Arrears, Engineering College and Medical College Deposit amount, employees credit society monthly subscription amount with yearly dividend, last month salary (may 2018), bonus amount for the year 2017-18 (up to May 2018), settlement arreras amount (01.09.2016) with an interest of 12% per annum with effect from 01.06.2018 within stipulated time as may be fixed by this Court along with costs.

For Petitioner :

Mr. E.Mohamed Abbas For Respondents:

Mr. R.S.Selvam, Government Advocate

O R D E R

This writ petition is filed by the petitioner seeking direction to the respondents herein to pay the retirement benefits with interest to the petitioner in terms of the representation dated 22.10.2018.

2. The petitioner is a retired employee of the respondents / corporation, having retired on 31.05.2018. As the retirement benefits have not yet been paid, the petitioner submitted a representation to the respondents, dated 22.10.2018, requesting them to pay the retirement benefits along with the interest. As the same has not yet been considered till date, this writ petition has been filed.

3. The retirement benefits were not granted on the ground that cases are pending against thepetitioner. The petitioner has very specifically stated that no case is pending against him.

4. Under such circumstances, the respondents are directed to pay the retiremental benefits to the petitioner in twelve equal monthly instalments and in case of failure, the same should be paid with 6% interest, per annum. The first of such instalments shall be paid on or before 01.02.2019.

5. With the above directions, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar To 1 The Additional Chief Secretary to Govt.

and Chairman of All State Transport Undertakings Transport Department Govt. of Tamil Nadu Fort St. George Chennai 600 009. 2 The Administrator, TNSTC Employees Pension Fund Trust SETC Office No.2 Pallavan Salai Chennai -600 002.

3 The Managing Director, TNSTC (CBE) Ltd.

No.37 Mettupalayam Road Coimbatore - 641 043.

4 The General Manager Tamil Nadu State Transport Corporation No.37 Mettupalayam Road Coimbatore- 600 043. +2cc to Mr.E.Mohamed Abbas, Advocate, S.R.No.82364 +1cc to Mr.R.S.Selvam, Advocate, S.R.No.82283 +1cc to the Government Pleader, S.R.No.82628 W.P.No.30023 of 2018 SSV(CO) GSP(06/12/2018)