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Madras High CourtWP(MD)/4577/2018disposed of

A.Nagarajan, v. The Tamil Nadu State

2018-03-27Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.03.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)Nos.4577 and 4578 of 2018 A.Nagarajan ... Petitioner in W.P.(MD)No.4577 of 2018 C.Samikannu ... Petitioner in W.P.(MD)No.4578 of 2018 -Vs1.The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Represented by its Managing Director, Kumbakonam.

2.The General Manager, Corporation (Kumbakonam) Limited, Pudukkottai Region, Pudukkottai.

3.The Adminstrator, Corporation Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai-600 002.

...Respondents in both W.Ps.

PRAYER in W.P.(MD)No.4577 of 2018:

Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to revise the terminal benefits payable to the petitioner including gratuity, earned leave salary, pension and commuted value of pension payable to him based on G.O.Ms.No.61, Transport Department dated 30.04.2015 and further directing the respondents to pay the difference amount in his salary for the period from 24.12.2012 to 31.03.2016, difference amounts in gratuity, earned leave salary, monthly pension together with interest at 18% per annum payable from the date of his retirement to till the date on which the above monetary benefits are settled to the petitioner. PRAYER in W.P.(MD)No.4578 of 2018:

Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of

Mandamus, directing the respondents to revise the terminal benefits payable to the petitioner including gratuity, earned leave salary, pension and commuted value of pension payable to him based on G.O.Ms.No.61, Transport Department dated 30.04.2015 and further directing the respondents to pay the difference amount in gratuity, earned leave salary, monthly pension and commutation together with interest at 18% per annum payable from the date of his retirement to till the date on which the above monetary benefits are settled to the petitioner.

For Petitioner : Mr.A.Rahul For Respondents : Mr.D.Sivaraman (in both Writ Petitions) COMMON ORDER Heard the learned counsel on either side.

2.By consent of both the parties, the main Writ Petitions themselves are taken up for final disposal.

3.The petitioners are retired employees of the first respondent/Corporation. Though their retirement benefits have been substantially settled, their contention is that they should be conferred with some more benefits as per G.O.M.S.No.61, Transport Department, dated 30.04.2015. In this regard, they have given representations dated 17.02.2018 and 23.02.2018 respectively.

4.The respondents 1 and 3 are directed to consider the said representations in the light of G.O.M.S.No.61, Transport Department, dated 30.04.2015 and pass appropriate orders on merits within a period of eight weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar tsg To, 1.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam.

2.The General Manager, Corporation (Kumbakonam) Limited, Pudukkottai Region, Pudukkottai.

3.The Adminstrator, Corporation Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai-600 002.

+2CC to Mr.D.Sivaraman, Advocate Sr.No.58325 & 58327 +4CC to Mr.A.Rahul, Advocate Sr.Nos.58764, 58765, 59176 & 59177 GJM/DD/SAR-2-4.6.18-3p-10C W.P.(MD)Nos.4577 and 4578 of 2018 27.03.2018