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Madras High CourtWP(MD)/17096/2017disposed of

M.Perumal, S/O.Muthirulandi, v. The Administrator,

2017-09-11Honourable Mr Justice T.Raja3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.09.2017 CORAM :

THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.17096 of 2017 M.Perumal ... Petitioner Vs.

1. The Administrator The Tamilnadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House, Pallavan salai, Chennai-600 002.

2. The Administrator The Tamilnadu State Transport Corporation (Madurai) Ltd., Employees Gratuity Fund Trust, Madurai-625 010.

3. The Managing Director Tamilnadu State Transport Corporation (Madurai) Ltd., Byepass Road, Madurai-16.

4. The General Manager Tamilnadu State Transport Corporation, (Madurai) Ltd., Dindigul Division, Byepass Road, Dindigul.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the respondents to settle the petitioner's retirement benefits of Provident Fund, Gratuity, Leave Salary, and all other attendant benefits with interest at the rate of 18% per annum from the date of retirement ie., 28.02.2017 by considering his representations dated 11.03.2017 and 12.08.2017 within the time that may be stipulated by this Court.

For Petitioner : Mr.J.Lawrence For Respondents : Mr.A.Jeyaram Standing counsel for TNSTC

ORDER

By consent of both sides, this writ petition itself is taken up for final disposal.

2. Heard the learned counsel for the petitioner and the learned standing counsel for the respondents. 3.The learned counsel for the petitioner would submit that the petitioner is a retired Selection Grade Driver from service with effect from 28.02.2017. His grievance appears that the respondents have not settled the retirement benefits of Provident Fund, Gratuity, Leave Salary, and all other attendant benefits. Finding no response, the petitioner has given a representation to the respondents to pay the entire terminal benefits with 18% interest per annum from the date of retirement. However, the same has not been considered. Hence, the petitioner is before this Court with this writ petition.

4.The learned counsel for the respondents on instructions, sought four weeks to consider the representation of the petitioner.

5. The issue relating to the payment of retirement benefits by the Transport Corporation is no more res integra. The first Bench in W.A.(MD) Nos.383 to 457 of 2015, keeping in mind the retirement benefits of the Driver, Conductors, having not been disbursed by the Transport Corporation, has given 12 equal monthly installments to clear all the retirement benefits with interest at 6%.

6.In the light of the order passed by this Court in the writ appeal cited supra, the respondents are directed to disburse the retirement benefits of the petitioner with 12 equal monthly installments and the first of such installment shall commence from the first week of October 2017.

7.The Writ Petition stands disposed of with the above direction. No costs.

Sd/- Assistant Registrar(RTI) /True copy/ Sub Assistant Registrar To

1. The Administrator The Tamilnadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House, Pallavan salai, Chennai-600 002.

2. The Administrator The Tamilnadu State Transport Corporation (Madurai) Ltd., Employees Gratuity Fund Trust, Madurai-625 010.

3. The Managing Director Tamilnadu State Transport Corporation (Madurai) Ltd., Byepass Road, Madurai-16.

4. The General Manager Tamilnadu State Transport Corporation, (Madurai) Ltd., Dindigul Division, Byepass Road, Dindigul.

+1 cc to Mr.J.Lawrance , Advocate in SR.No. 78168 RR AE/SV MMS/SAR2/19.09.2017/3P/6C W.P.(MD)No.17096 of 2017 11.09.2017