V.Ilangovan v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.11.2019
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI V.Ilangovan ... Petitioner -Vs1.The Managing Director 2.The Financial Advisor 3.The Administrator TNSTC Employees Pension Trust Thiruvalluvar House No.2, Pallavan Salai Chennai 600 002
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to settle the petitioner's retirement benefits with interest namely Pension Relief Benefit Fund or Employees Recovery Pension Fund (PRBF or ERPS) & also 15 days Earned Leave Surrender Salary for every financial year from the financial year 2010-2011 to the retirement year 2017 for 6 years as 90 days with interest at the rate of 12% in one instalment to the petitioner on the basis of the last drawn salary in the month of February 2017 ( ie. retirement due date on 28.02.2017) to the petitioner within a stipulated time to be fixed by this Court.
For Petitioner: Mr.K.Gokul For R1& R2 : Mr.D.Sivaraman
ORDER
The writ petition has been filed for a direction to the respondents to settle the petitioner's retirement benefits with interest namely, Pension Relief Benefit Fund or Employees Recovery Pension Fund (PRBF or ERPS) and also 15 days Earned Leave 1/3
Surrender Salary for every financial year from the financial year 2010-2011 to the retirement year 2017 for 6 years as 90 days with interest at the rate of 12% in one installment to the petitioner on the basis of the last drawn salary in the month of February 2017 ( ie. retirement due date on 28.02.2017) to the petitioner, within a stipulated time to be fixed by this Court. 2.Mr.D.Sivaraman, learned Standing Counsel takes notice for the respondents 1 and 2. By consent of parties, this Writ Petition is taken up for final disposal at the stage of admission itself. 3.The petitioner after serving in the respondents Corporation, retired on 28.02.2017 on attaining the age of superannuation. According to the petitioner, the respondents Corporation settled only retirement benefits of Gratuity, Leave Salary and Commutation.
The respondents did not pay the other benefits namely, Pension Relief Benefit Fund and earned leave surrender salary. Hence, the petitioner gave a representation to the respondents on 05.10.2019. But, the respondents have not passed any order so far. Hence, the petitioner has come up with the present Writ petition.
4.Considering the nature of relief sought for, without deciding the claim of the petitioner on merits, it is suffice to direct the respondents Corporation to consider the claim of the petitioner and pass orders on merits and in accordance with law, within a period of twelve (12) weeks, from the date of receipt of a copy of this order.
5.With the above direction, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) Msa To 1.The Managing Director 2/3
2.The Financial Advisor 3.The Administrator TNSTC Employees Pension Trust Thiruvalluvar House No.2, Pallavan Salai Chennai 600 002 +1 CC to M/s.D. SIVARAMAN, Advocate ( SR-95618[F] dated 01/11/2019 ) +1 CC to M/s.K.GOKUL, Advocate ( SR-95777[F] dated 04/11/2019 ) 01.11.2019 KM/(29.11.2019) 3P 6C 3/3