Radhakrishnan v. The State Of Tamilnadu
W.P.(MD) No.23882 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.11.2019
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P.(MD) No.23882 of 2019 Radhakrishnan ... Petitioner -Vs1.The State of Tamil Nadu, Represented by the Secretary to Government, Tamil Nadu State Transport Corporation, Fort St. George, Chennai.
2.The Managing Director, Tamil Nadu State Transport Corporation, No.27, Railway Station, Kumbakonam-612 001, Thanjavur District.
3.The General Manager, Tamil Nadu State Transport Corporation, Pudukkottai Region, Pillaithanneerpandal, Pudukkottai.
4.The Administrator, The Tamil Nadu State Transport Corporation, Corporation Employees' Pension, 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 provide interest to the petitioner for the retirement and terminal benefits sanctioned belatedly for the period from 31.12.2018 to 20.09.2019 and grant to the petitioner withheld of 95 days leave salary balance amounts and re-fixation of Grade pay salary from the period of 2010 to 2015 and consider the petitioner's representation dated 21.10.2019.
For Petitioner : Mr.A.P.Dhas For R1 : Mr.V.R.Shanmuganathan, Special Government Pleader.
For R2 to R4 : Mr.D.Sivaraman
ORDER
This Writ Petition is filed to direct the respondents to provide interest to the petitioner for the retirement and terminal benefits sanctioned belatedly for the period from 31.12.2018 to 20.09.2019 and grant to the petitioner withheld of 95 days leave salary balance amounts and re-fixation of Grade pay salary from the https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD) No.23882 of 2019 period of 2010 to 2015 and consider the petitioner's representation dated 21.10.2019.
2.Mr.V.R.Shanmuganthan, learned Special Government Pleader takes notice for the first respondent and Mr.D.Sivaraman, learned counsel takes notice on behalf of the respondents 2 to 4. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
3.According to the petitioner, he was appointed as Conductor in the respondent Corporation on 31.01.1989 and retired from service on 31.12.2018, on attaining the age of superannuation as Traffic Inspector. His terminal benefits were paid belatedly on 20.09.2019. The grievance of the petitioner is that the respondents have withheld the balance 95 days of leave salary amount from the year 2011. Therefore, the petitioner has sent a representation dated 21.10.2019 to the respondents. However, the same has not been considered by the respondents. Hence, the petitioner has come out with the present Writ Petition.
4.Considering the nature of relief sought for in the Writ Petition, without deciding the issue on merits, this Court directs the respondents to consider the representation of the petitioner dated 21.10.2019, on merits and pass orders in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.
5.With the above direction, this Writ Petition stands disposed of. No costs.
Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) Myr To The Secretary to Government, State of Tamil Nadu, Tamil Nadu State Transport Corporation, Fort St. George, Chennai.
+1 CC to Mr.D.SIVARAMAN, Advocate ( SR-98482[F] dated 15/11/2019 ) +1 CC to Mr.A.P.DHAS, Advocate ( SR-98511[F] dated 15/11/2019 ) W.P.(MD)No.23882 of 2019 13.11.2019 MK (02.12.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2