M.Chithirampillai v. The Management Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.01.2018 CORAM :
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.12504 of 2016 and WMP(MD)No.9454 of 2016 M.Chithirampillai ... Petitioner Vs.
1. The Management of Tamil Nadu State Tranport Corporation (Madurai) Ltd, Rep.by its General Manager, Madurai Region, Bye Pass Road, Madurai.
2. The Administrator, Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai -2.
... Respondents Prayer: This writ petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents to sanction and pay the petitioner's terminal benefits including monthly pension, gratuity, commuted value of pension, leave salary, refund of Contribution towards Institute of Road Transport and Social Security Scheme Amount and all other attendant benefits by counting his entire service from 01.05.1981 to 31.05.2001 as pensionable service and to pay interest for the above terminal benefits at the rate of 18% per annum from 31.05.2001 to till the date on which the above benefits are settled to him.
For petitioner : Mr.A.Rahul For Respondents : Mr.A.P.Muthupandian
ORDER
The petitioner was employed in the first respondent transport corporation. He was dismissed from service in the year 1992. The dismissal order was set aside and the petitioner was directed to be reinstated in service with 50% of the backwages. The award of https://hcservices.ecourts.gov.in/hcservices/
the Labour Court was sustained by this Court in writ proceedings also. The writ petitioner reached the age of superannuation on 01.06.2001. The petitioner has filed claim petition before the Labour Court for payment of backwages.
2.In this writ petition all that the writ petitioner seeks is disbursement of his terminal benefits. There is absolutely no justification on the part of the respondent in withholding the payment of the said amounts. The first respondent is directed to send the petitioner's pension proposals within a period of three weeks from the date of receipt of a copy of this order. The second respondent is directed to pay the amounts with interest what ever due and payable to the petitioner within a period of five weeks thereafter.
3.The writ petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To
1. The General Manager, Management of Tamil Nadu State Tranport Corporation (Madurai) Ltd, Madurai Region, Bye Pass Road, Madurai.
2. The Administrator, Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai -2.
+ 1 cc TO Mr.A.Rahul , Advocate in SR No. 43431 skm AE/SKN RSK/SAR1/01.03.2018/2P/4C W.P.(MD)No.12504 of 2016 and WMP(MD)No.9454 of 2016 23.01.2018 https://hcservices.ecourts.gov.in/hcservices/