Madras High CourtWP(MD)/18772/2016disposed of

K.George, S/O. Kochumoni, v. The Managing Director,

2016-09-30Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.09.2016 CORAM :

THE HONOURABLE DR.JUSTICE S.VIMALA W.P(MD)No.18772 of 2016 1)K.George 2)S.Mathias 3)K.Vargheese 4)A.Joseph Stanley 5)K.Subramania Pillai 6)B.Thankappan 7)Pathrose 8)William Keri 9)Liyakathali ... Petitioners -vs1)The Managing Director, Tamil Nadu State Transport Corporation Tirunelveli Ltd., Tirunelveli.

2)The General Manager, Tamil Nadu State Transport Corporation Tirunelveli Ltd., Ranithottam, Nagercoil-629001, Kanyakumari District.

3)The Executive Trustee, Tamilnadu Transport Corporation, Employees Gratuity Trust, TNSTC (Tirunelveli) Ltd., Vannarapettai, Tirunelveli.

... Respondents PRAYER :

Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondent herein to pay the arrears of Gratuity to all the petitioners herein on the basis of representations dated 5.5.2016 and 29.06.2016 forthwith. For Petitioners :

Mr.N.S.Rmakrishna Dass For Respondents :

Mr.K.Sathiya Singh Standing Counsel

ORDER

The petitioners were employed as Checking Inspectors in the respondents transport corporation and they retired from service.

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2.According to the petitioners, the respondents have not increased the gratuity amount, while they increased the dearness allowance at 65%; therefore the petitioners 1 to 8 made a representation dated 05.05.2016 and the 9th petitioner sent a representation dated 29.06.2016 to the respondents, seeking to disburse the difference amount of gratuity; that representations were not considered and therefore, they have filed this writ petition, for a direction to the respondents to pay the arrears of Gratuity to all the petitioners herein on the basis of representations dated 5.5.2016 and 29.06.2016 forthwith.

3.The learned standing counsel appearing for the respondents would submit that it is agreeable for the respondents to consider the representations of the petitioners dated 05.05.2016 and 29.06.2016 respectively, and to pass orders within a time frame.

4.Recording the above submission, this Writ Petition is disposed of directing the respondents to consider the representations of the petitioners dated 05.05.2016 and 29.06.2016 respectively, and to pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. Accordingly, this Writ Petition is disposed of. No costs. Sd/- Assistant Registrar(CS II) /True Copy/ Sub Assistant Registrar To 1)1 cc to Mr.K.Sathiya Singh, Advocate in SR 57752 2)1 cc to Mr.N.S.Ramakrishna Dass, Advocate in SR 58332 nbi anr/km/21.10.2016/2p/3c W.P(MD)No.18772 of 2016 30.09.2016 https://hcservices.ecourts.gov.in/hcservices/