Pauldhas v. State Express Transport

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.01.2017

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD) No.1188 of 2017 S.Pauldhas ... Petitioner Vs.

The State Express Transport Corporation Limited, represented by its Managing Director, Thiruvalluvar Illam,Pallavan Salai, Chennai - 600 002.

.. Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus,directing the respondent to extend the benefits of enhanced Dearness Allowance of 113% and in consequential to pay the difference in Terminal benefits payable to the Petitioner including Gratuity and also monthly pension with arrears in the light of G.O.Ms.No.121, dated 22.4.2015 together with interest at 18% from the date of his retirement to till the date of payment made to him and all other attendant benefits to him within the time stipulated by this Court.

For Petitioner :

M/s.A.Rahul For Respondent :

Mr.K.Sathiya Singh Standing Counsel *****

O R D E R

This Writ Petition has been filed, seeking a direction to the respondent to extend the benefit of enhanced Dearness Allowance of 113% and in consequential to pay the difference in Terminal benefits payable to the Petitioner including Gratuity and also monthly pension with arrears in the light of G.O.Ms.No.121, dated 22.4.2015 together with interest at 18% from the date of his retirement to till the date of payment made to him and all other attendant benefits to him within the time stipulated by this Court.

2.Mr.K.Sathiya Singh,learned Standing Counsel takes notice for respondent. By consent of both parties, the Writ Petition itself is taken up for final disposal at the admission stage itself. https://hcservices.ecourts.gov.in/hcservices/

3. The case of the petitioner is that the Petitioner has

retired from, service as Senior Assistant Engineer from the respondent Corporation on 31.3.2015.Since his retirement benefits extending the benefit of enhanced Dearness Allowance of 113% and difference in Terminal benefits payable to the Petitioner including Gratuity and also monthly pension with arrears in the light of G.O.Ms.No.121, dated 22.4.2015 has not been disbursed to him, he has submitted a representation on 5.1.2017 in this regard and since the said representation did not evoke any response, the petitioner is before this Court with the relief stated supra.

4. The counsel for the respondent would submit that it is agreeable for the respondent to consider the representation of the petitioner and pass orders thereon.

5.In view of the submission, the respondent is directed to consider the representation of the petitioner, dated 5.1.2017 in the light of G.O.Ms.No.121, dated 22.4.2015 issued in this regard and to pass appropriate orders on the same in accordance with law, within a period of two months months from the date of receipt of a copy of this order.

6.With the above direction, the Writ Petition stands disposed of.No costs.

Sd/- Assistant Registrar /TURE COPY/ Sub Assistant Registrar To:

+1 cc to MR.A.K.Thangavelu, ADVOCATE, SR NO: 4051 +1 cc to MR.K.Sathiya Singh, ADVOCATE, SR NO: 4339 vsn AAM SKN 09.02.2017 2P 3C W.P.(MD) No.1188 of 2017 25.01.2017 https://hcservices.ecourts.gov.in/hcservices/