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N.Ishak vs The Managing Director

Madras High Court|08 March, 2017

JUDGMENT / ORDER

This writ petition has been filed questioning the correctness of the order dated 20.12.2016, wherein the claim of the petitioner for payment of the dearness allowance at the rate of 107% for six months, as per G.O.Ms.No.147, Transport (D) Department dated 30.12.2014, along with the arrears of pension and gratuity, which works out to Rs.28,000/- according to the petitioner, has been declined.
2. Mr.P.Paramasivadoss, learned standing counsel for the respondents submitted that indeed, the Transport Corporation is reeling under financial crunch, therefore, several other similarly placed retired employees are mounting pressure on the Transport Corporation to disburse their retiral benefits, as a result the impugned order has been passed. However, he requested this Court to grant four weeks time to disburse the balance retiral benefits to the petitioner.
3. At the outset, this Court is not able to find any justification in the impugned order. When this Court had already directed the respondents in W.P.No.17528 of 2016 in its order dated 1.6.2016 to consider the petitioner's earlier representation dated 21.12.2015 within six weeks from the date of receipt of copy of that order, passing the impugned order on the ground that they are unable to pay the retiral benefits to the petitioner, to which he is legally entitled to, due to financial crunch, cannot be accepted. However, accepting the request made by the learned standing counsel for the respondents, the respondents are directed to settle the entire arrears of retiral benefits to the petitioner within a period of four weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs.
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Title

N.Ishak vs The Managing Director

Court

Madras High Court

JudgmentDate
08 March, 2017