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Madras High CourtWP(MD)/14623/2015disposed of

V.Chandrasekaran v. The Tamil Nadu State

2015-08-20Honourable Mr Justice T.Raja4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.08.2015

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)Nos.14623 to 14626 of 2015 In W.P.(MD) No.14623 of 2015:

V.Chandrasekaran ... Petitioner Vs.

1.The Tamil Nadu State Transport Corporation (Madurai) Ltd., Represented by its Managing Director, Madurai.

2.The General Manager, The Tamil Nadu State Transport, Corporation (Madurai) Ltd., Madurai Region, Madurai.

3.The Administrator, The Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, .. Respondents In W.P.(MD) No.14624 of 2015:

S.Murugesan ... Petitioner Vs.

1.The Tamil Nadu State Transport Corporation (Madurai) Ltd., Represented by its Managing Director, Madurai.

2.The General Manager, The Tamil Nadu State Transport, Corporation (Madurai) Ltd., Madurai Region,Madurai.

3.The Administrator, The Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, .. Respondents

In W.P.(MD) No.14625 of 2015:

G.Asokan ... Petitioner Vs.

1.The Tamil Nadu State Transport Corporation (Madurai) Ltd., Represented by its Managing Director, Madurai.

2.The General Manager, The Tamil Nadu State Transport, Corporation (Madurai) Ltd., Madurai Region, Madurai.

3.The Administrator, The Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, .. Respondents In W.P.(MD) No.14626 of 2015:

P.Sivaramapandian ... Petitioner Vs.

1.The Tamil Nadu State Transport Corporation (Madurai) Ltd., Represented by its Managing Director, Madurai.

2.The General Manager, The Tamil Nadu State Transport, Corporation (Madurai) Ltd., Madurai Region, Madurai.

3.The Administrator, The Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, .. Respondents PRAYER in all the Writ Petitions: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to pay retirement benefits of the petitioner including Gratuity, the Commuted Value of Pension, Post Retirement

Benefit Scheme Arrears and Leave Salary with interest at the rate of 18% per annum within the time that may be stipulated by this Court and to grant him the interest at the rat eof 18% per annum for the belated settlement of his Provident Fund, Social Security Scheme arrears and the Refund of Institute of Road Transport contribution from the date of retirement to till the date of settlement within the time that may be stipulated by this Court.

In all the Writ Petitions:

For Petitioners ...

Mr.A.Rahul For Respondents ...

Mr.A.P.Muthupandian Additional Government Pleader C O M M O N O R D E R The Writ Petitions have been filed for the issuance of Writ of Mandamus directing the respondents to pay retirement benefits of the petitioner including Gratuity, the Commuted Value of Pension, Post Retirement Benefit Scheme Arrears and Leave Salary with interest at the rate of 18% per annum within the time that may be stipulated by this Court and to grant him the interest at the rat eof 18% per annum for the belated settlement of his Provident Fund, Social Security Scheme arrears and the Refund of Institute of Road Transport contribution from the date of retirement to till the date of settlement within the time that may be stipulated by this Court.

2.

Heard Mr.A.Rahul, learned Counsel appearing for the petitioners and Mr.A.P.Muthupandian learned Additional Government Pleader, who takes notice for the respondents.

3. This Court considered the fact that the petitioners were allowed to retire from service and they were not paid retirement benefits. In the light of the order passed by the Hon'ble Division Bench in the Government of Tamilnadu rep. By its Secretary to Government of Tamil Nadu, Revenue Department and the District Collector, Erode Vs.Ms.Devasigamani in 2009 (3) MLJ 01, the respondents are directed to settle the benefits excluding the benefits already paid to the petitioners in terms of the order passed in the above judgment.

4. It is made clear that the entire amount shall be paid within 12 monthly installments and the installment shall commence from 1st October 2015.

5. With the above direction, the Writ Petitions are disposed of. No costs.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar

ses To, 1.The Tamil Nadu State Transport Corporation (Madurai) Ltd., Represented by its Managing Director,Madurai. 2.The General Manager,The Tamil Nadu State Transport, Corporation (Madurai) Ltd.,Madurai Region,Madurai. 3.The Administrator,The Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House,Pallavan Salai, +1CC to Mr.A.Rahul Advocate Sr.No.48069 GJM/AN/MP/3.9.15-4P-5C W.P.(MD)Nos.14623 to 14626 of 2015 20.08.2015