M.Philip John Peter, v. The Government Of Tamil Nadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2019
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.4628 of 2019 M.Philip John Peter ... Petitioner vs.
1.The Government of Tamil Nadu, rep. by its Secretary to Government, Transport Department, Secretariat, Chennai - 600 009.
2.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Railway Station Road, Kumbakonam, Thanjavur District.
3.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Periyamilaguparai, Trichy.
4.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondents to settle a. Payment of Gratuity - Rs.14,92,280/- b. Earned Leave - Rs.6,34,216/- c. Provident Fund - Rs.6,14,102/- and other retiral benefits with interest at the rate of 18% payable to the petitioner within the time frame that may be stipulated by this Court.
For Petitioner : Mr.N.Sudhagar Nagaraj
For R1 : Mrs.J.Padmavathy Devi Special Government Pleader For R2 & R3 : Mr.K.Sathiyasingh
O R D E R
This writ petition has been filed seeking a direction to the respondents to settle the terminal benefits with interest at the rate of 18%.
2.Heard the learned counsel appearing for the petitioner; the learned Special Government Pleader for the first respondent and the learned Standing Counsel for the respondents 2 and 3. By consent, the writ petition itself is taken up for final disposal at the stage of admission.
3.The grievance of the petitioner is that though he was allowed to retire from service on 31.05.2018, retirement benefits have not been settled to him. Seeking such benefits, he made a representation dated 16.02.2019 and the same is pending without consideration. Hence, the petitioner is before this Court. 4.The learned Special Government Pleader as well as the learned Standing Counsel appearing for the respective respondents submitted that the representation of the petitioner would be considered on merits.
5.In view of the above submission, this Court, without going into the merits of the case, directs the respondents to consider the representation of the petitioner dated 16.02.2019 seeking terminal benefits 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 Government of Tamil Nadu, rep. by its Secretary to Government, Transport Department, Secretariat, Chennai - 600 009.
2.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Railway Station Road, Kumbakonam, Thanjavur District.
3.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Periyamilaguparai, Trichy.
4.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
5.The Secretary to Government, Government of Tamil Nadu, Transport Department, Secretariat, Chennai - 600 009.
+1 CC to M/s.N.SUDHAGAR NAGARAJ, Advocate ( SR-50734[F] dated 28/02/2019 ) +1 CC to M/s.SPL GP ( SR-50966[F] dated 01/03/2019 ) MJ W.P(MD) No.4628 of 2019 28.02.2019 KM/(19.03.2019) 3P 8C