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Madras High CourtWP(MD)/11450/2019disposed of

R.Kulandaivelu, v. The Managing Director,

2019-04-30Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.04.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.11450 of 2019 R.Kulandaivelu ... Petitioner vs.

1.The Managing Director, 2.The General Manager, Regional Office, Thirumayam Road, Pudukottai.

3.The Financial Advisor, 4.The Administrator, Tamil Nadu State Transport Corporation Ltd., Employees Pensions Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 2.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to disburse the petitioner's retirement benefits namely Provident Fund, Commutation, Gratuity, Leave Salary, Pensionary benefits and other retirement benefits with interest at the rate of 12% within the time stipulated by this Court. For Petitioner : Mr.K.Gokul For Respondents : Mr.P.Balasubramanian

ORDER

Seeking a direction to the respondents to disburse retirement benefits, the petitioner is before this Court. 2.Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents. By consent, the writ petition itself is taken up for final disposal at the stage of admission.

3.The case of the petitioner is that he lastly served as a Special Grade Tradesman in the respondent Corporation. He retired from service on 30.04.2018. Even after a lapse of one year, he was not disbursed with terminal benefits, such as Provident Fund, Commutation, Gratuity, Leave Salary etc. Seeking such benefits, the petitioner made a representation dated 27.04.2018 to the respondents. Since the same has not been considered so far, the petitioner is before this Court.

4.The learned Standing Counsel appearing for the respondents, on instructions, submitted that the representation of the petitioner would be considered on merits and appropriate orders be passed by the respondents.

5.In view of the above submission, this Court without going into the merits of the case, directs the respondents to consider the petitioner's representation dated 27.04.2018 and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner.

6.The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar (w) // True Copy // Sub Assistant Registrar(CS) To 1.The Managing Director,

2.The General Manager, Regional Office, Thirumayam Road, Pudukottai.

3.The Financial Advisor, 4.The Administrator, Tamil Nadu State Transport Corporation Ltd., Employees Pensions Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 2.

+1 CC to M/s.K.GOKUL, Advocate ( SR-64483[F] dated 30/04/2019 ) +1 CC to M/s.P.BALASUBRAMANIAN, Advocate ( SR-64771[F] dated 02/05/2019 ) mj W.P(MD) No.11450 of 2019 30.04.2019 KM/(22.05.2019) 3P 7C