U.Ramasamy v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.01.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU U.Ramasamy ... Petitioner Vs.

1.The Managing Director Tamil Nadu State Transport Corporation (MDU) Ltd., Bye-pass Road Madurai 625 016 2.The Managing Director Tamil Nadu State Transport Corporation (TNLY) Ltd., Bye-pass Road, KTC Nagar Tirunelveli - 2 3.The Financial Advisor & Chief Accounts Officer Tamil Nadu State Transport Corporation (MDU) Ltd., Bye-Pass Road, Madurai 625 016 4.The Administrator, Tamil Nadu State Transport Corporation Ltd., Employees Pensions Fund Trust SETC Ltd., No.2, Pallavan Salai Chennai 600 002.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to disburse the petitioner's retirement arrears on the balance portion of the terminal benefits on deputation period with 6% interest namely the arrears of the remaining the another portion of working period on deputation basis from the month of November 2010 to 2017 working in the TNSTC (TNLY) Ltd., Tirunelveli Region for the payment arrears of Provident Fund, Gratuity, Commutation and Leave Salary and other benefits.

For petitioner : Mr.K.Gokul For Respondents :Mr.J.Senthil Kumaraiah

ORDER

This Writ petition has been filed for a direction to the respondents to disburse the petitioner's retirement arrears on the balance portion of the terminal benefits on deputation period with 1/3

6% interest namely the arrears of the remaining another portion of working period on deputation basis from the month of November 2010 to 2017 working in the TNSTC (TNLY) Ltd., Tirunelveli Region for the payment arrears of Provident Fund, Gratuity, Commutation and Leave Salary and other benefits.

2.Mr.J.Senthil Kumaraiah, learned Standing counsel takes notice for the respondents. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3.According to the petitioner, he was appointed as Conductor in the respondents Corporation on 17.10.1988. Then, he was promoted as Selection Grade Conductor and retired from service on 28.02.2017 on the attaining the age of superannuation. The grievance of the petitioner is that after his retirement, the respondents Corporation had disbursed only portion of the belated payment of Gratuity, Provident Fund and leave salary without any interest. The further grievance of the petitioner is that the respondents Corporation have not paid the arrears for deputation period from the month of November 2010 to 2017 working in the Tamil Nadu State Transport Corporation (Tirunelveli) Region for the payment of Provident Fund and Gratuity. In this regard, the petitioner made several representations on various dates and the last representation, dated 09.

12.2019. But so far, no action has been taken by the respondents Corporation. Hence, the petitioner is before this Court. 4.Heard the learned counsel appearing for the petitioner and the learned Standing counsel appearing for the respondents. 5.Considering the limited scope of prayer sought for in the Writ petition and without adverting to the merits of the case, the respondents are directed to consider the representation of the petitioner, dated 09.12.2019 and pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

6.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (AD I) // True Copy // / /2020 Sub Assistant Registrar(CS) Msa 2/3

TO 1.The Managing Director Tamil Nadu State Transport Corporation (MDU) Ltd., Bye-pass Road Madurai 625 016 2.The Managing Director Tamil Nadu State Transport Corporation (TNLY) Ltd., Bye-pass Road, KTC Nagar Tirunelveli - 2 3.The Financial Advisor & Chief Accounts Officer Tamil Nadu State Transport Corporation (MDU) Ltd., Bye-Pass Road, Madurai 625 016 4.The Administrator, Tamil Nadu State Transport Corporation Ltd., Employees Pensions Fund Trust SETC Ltd., No.2, Pallavan Salai Chennai 600 002.

+1 CC to M/s.K.GOKUL, Advocate ( SR-2420[F] dated 22/01/2020 ) +1 CC to M/s.J.SENTHIL KUMARAIAH, Advocate ( SR-2549[F] dated 23/01/2020 ) Order made in 22.01.2020 KK/SAR/12.02.2020/3P-7C/ 3/3