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Madras High CourtWP(MD)/21981/2023disposed of

Subramanian.R v. The Tamil Nadu State Transport

2023-09-11Honourable Mrs Justice L.Victoria Gowri5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.09.2023

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI R.Subramanian ... Petitioner Vs.

1.The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Represented by its Managing Director, Kumbakonam.

2.The General Manager, The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Pudukottai Region, Pudukottai.

3.The Administrator, Tamil Nadu State Transport Corporation Employee's Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-600 002.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to settle the petitioner's entire terminal benefits including Provident Fund, Gratuity, Terminal Leave Salary, Surrender leave salary, VRS Compensation 1/5

and medical leave salary from the date of his retirement i.e., from 31.01.2023 to till the date on which the said benefits are settled to him. For Petitioner : Mr.A.Rahul For R1 &R2 : Mr.K.Jegadeesh Balan Standing Counsel For R3 : Mr.S.C.Herold Singh Standing Counsel

ORDER

The present writ petition has been filed seeking direction to the respondents to settle the petitioner's entire terminal benefits including Provident Fund, Gratuity, Terminal Leave Salary, Surrender leave salary, VRS Compensation and medical leave salary from the date of his retirement i.e., from 31.01.2023 to till the date on which the said benefits are settled to him.

2. The petitioner joined as Junior Engineer on 09.05.1996 in the respondent corporation. After various promotions, he retired from service as Assistant Manager under the Voluntary Retirement Scheme with effect from 31.01.2023. He borrowed huge amount for the marriage expense for his daughter, since the respondents have not settled his terminal benefits. Although he has retired as early as 31.01.2023, the respondents did not disburse 2/5

the terminal benefits so far, to which the petitioner is entitled to. Hence, the petitioner made a representation on 05.06.2023 to the respondents to settle his terminal benefits. However, the same was not considered. All that the petitioner want is settlement of his terminal benefits as mentioned in the writ petition. Since no steps have been taken to the said request, this writ petition came to be filed.

3. In view of the same, the respondents are directed to disburse the eligible amount to the petitioner, for which he is entitled to, with 6% interest within a period of twelve (12) weeks from the date of receipt of a copy of this order.

4. Accordingly, this Writ Petition stands disposed of. No costs. 11.09.2023 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg 3/5

To 1.The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Represented by its Managing Director, Kumbakonam.

2.The General Manager, The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Pudukottai Region, Pudukottai.

3.The Administrator, Tamil Nadu State Transport Corporation Employee's Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-600 002.

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L.VICTORIA GOWRI, J.

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