E.Robert Belarmin v. The Tamil Nadu State Transport Corporation (Tirunelveli) Limited
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.01.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.470 of 2025 E.Robert Belarmin ... Petitioner -vs1. The TamilNadu State Transport Corporation (Tirunelveli) Ltd., Tirunelveli Division, Rep. by its Managing Director, Kattapomman Nagar, V.M.Chathiram, Tirunelveli.
2. The TamilNadu State Transport Corporation (Tirunelveli) Ltd., Nagercoil Region, Rep. by its General Manager, Ranithottam, Nagercoil.
3. The Administrator, TamilNadu State Transport Corporation Employees Pension Trust, Thiruvalluvar Illam , Anna Salai, Chennai-2.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to pay interest at the rate of 12% per annum, for the period of delay from the date of new wage 12(3) settlement dated 04.01.2018, to till the date of reimbursement 1/4
(14.06.2024, 15.07.2024, 16.08.2024 & 16.09.2024) of amount paid to the petitioner towards the new wage settlement, without affecting the petitioner's right to claim balance amounts towards those benefits. For Petitioner : Mr.R.Murugan For Respondent Nos.1 & 2 : Mr.D.Jebaraj Standing Counsel For Respondent No.3 : Mr.S.C.Herold Singh Standing Counsel
O R D E R
The instant writ petition has been filed by a retired employee of the respondent transport corporation, seeking a mandamus to pay the difference amount of his retirement benefits, based upon the 13th wage settlement on 04.01.218, and to pay arrears of Wages, Pension arrears, Gratuity and leave salary, Commuted Value of pension and the monthly pension along with dearness allowances along with interest.
2. According to the learned Counsel appearing for the writ petitioner, the petitioner was joined in the respondent Transport Corporation on 25.04.1985 and he had voluntarily retired on 31.05.2017. He further contended that the 13th wage settlement was arrived on 04.01.2018. 2/4
According to the petitioner, he is eligible to receive the said benefits and for revision of his pensionary benefits.
3. The petitioner has sent representation to the said effect on 17.12.2024. Since, there is no response from the respondents, the present writ petition has been filed.
4. Considering the above said facts, the respondents Transport Corporation are directed to settle the eligible terminal benefits to the writ petitioner along with 6% interest from the due date till the date of disbursement within a period of twelve weeks from the date of receipt of a receipt of a copy of this order.
5. With the above said observations, this writ petition stands disposed of. No costs.
08.01.2025 (2/2) NCC : Yes/No Index : Yes / No Internet : Yes / No gvn 3/4
R.VIJAYAKUMAR,J.
gvn To
1. The TamilNadu State Transport Corporation (Tirunelveli) Ltd., Tirunelveli Division, Rep. by its Managing Director, Kattapomman Nagar, V.M.Chathiram, Tirunelveli.
2. The TamilNadu State Transport Corporation (Tirunelveli) Ltd., Nagercoil Region, Rep. by its General Manager, Ranithottam, Nagercoil.
3. The Administrator, TamilNadu State Transport Corporation Employees Pension Trust, Thiruvalluvar Illam , Anna Salai, Chennai-2.
W.P(MD)No.470 of 2025 08.01.2025 (2/2) 4/4