Palanichamy v. The General Manager

W.P.(MD) No.20623 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.09.2019

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P.(MD) No.20623 of 2019 Palanichamy ... Petitioner -VsThe General Manager, The Tamil Nadu State Transport Corporation (Madurai) Limited, Dindigul Region, Collector Office (PO), Dindigul-4.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to settle the petitioner's retirement benefits including monthly pension, provident fund, gratuity and earned leave wages for 65.5 days payable with settlement dated 01.09.2016 under Section 12(3) of ID Act, 1947, payable to the petitioner with 16% rate of interest within the time that may be stipulated by this Court. For Petitioner : Mr.G.M.Xavier For Respondent : Mr.J.Senthil Kumaraiah

ORDER

Heard Mr.G.M.Xavier, learned counsel appearing on behalf of the petitioner and Mr.J.Senthil Kumaraiah, learned counsel, who takes notice on behalf of the respondent.

2.By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself. 3.This Writ Petition is filed for a direction to the respondent to settle the petitioner's retirement benefits, including monthly pension, provident fund, gratuity and earned leave wages for 65 1⁄2 days, payable with settlement, dated 01.09.2016, under Section 12(3) of ID Act, 1947, payable to the petitioner with 16% interest. 4.According to the petitioner, he was working as Conductor from 29.01.1999 in the respondent Corporation and retired from service on 31.07.2019. The grievance of the petitioner is that the respondent has not settled the retirement benefits, including monthly pension, provident fund, gratuity and earned leave wages for https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.20623 of 2019 65 1⁄2 days. In this regard, the petitioner sent several representations to the respondent and lastly, on 07.09.2019. However, the respondent has not considered the same, so far. Hence, the petitioner has come out with the present Writ Petition. 5.The learned counsel appearing for the respondent submitted that the representation of the petitioner will be considered by the respondent and appropriate orders will be passed on merits and in accordance with law, within a time frame to be fixed by this Court. 6.Considering the submissions made by the learned counsel appearing for the petitioner and the respondent, this Writ Petition is disposed of, directing the respondent to consider the representation of the petitioner, dated 07.09.

2019, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS ) To The General Manager, The Tamil Nadu State Transport Corporation (Madurai) Limited, Dindigul Region, Collector Office (PO), Dindigul-4.

+1 CC to Mr.G.M.XAVIER, Advocate ( SR-89606[F] dated 26/09/2019 ) +1 CC to Mr.J.SENTHIL KUMARAIAH, Advocate ( SR-89951[F] dated 27/09/2019 ) W.P.(MD)No.20623 of 2019 25.09.2019 myr MK (14.10.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2