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R. Peria Goundan vs 3 The Administrator

Madras High Court|17 March, 2017

JUDGMENT / ORDER

Mr. R.K. Gandhi, learned Standing Counsel, accepts notice for the respondents. With consent, this writ petition is taken up for final disposal at the admission stage itself.
2 This writ petition has been preferred seeking the following relief:
a writ of mandamus directing the respondents to disburse the payments relating to Gratuity, leave encashment (earned & old medical leave), leave surrender amount while in service, ERBS amount, D.A.arrears, IRT amount and all other attendant benefits by calculating D.A. eligible as per the fixation made by the Government of Tamil Nadu periodically along with the entitled difference of dearness allowance also, with interest at 12% per annum with effect from 01.07.2012 within a stipulated time. 3 According to the petitioner, he, having joined as Record Clerk on 24.05.1982 in the erstwhile Anna Transport Corporation, retired from service as Senior Assistant on 30.06.2012, on attaining the age of superannuation; since he was not paid with retirement benefits, except Provident Fund, Pension Commutation and Social Welfare Fund, he addressed a representation dated 12.12.2016 to the first respondent seeking early disbursement of his retirement benefits, viz., Gratuity, leave encashment (earned & old medical leave), leave surrender amount while in service, ERBS amount, D.A.arrears and IRT amount, which remains unconsidered, as a result of which, his family is reeling under poverty; further, similarly placed persons have been paid their retirement benefits on the basis of the direction given by this Court for the disbursement of the retirement benefits and hence, the present writ petition seeking the aforestated relief.
4 Considering the fact that the petitioner has retired as Senior Assistant in the respondent-Transport Corporation and has addressed a representation dated 12.12.2016 to the first respondent seeking early disbursement of his retirement benefits which is under consideration, this Court directs the first respondent to consider and pass orders on the petitioner's representation dated 12.12.2016 in the light of the order dated 12.06.2015 passed by a Division Bench of the Madurai Bench of Madras High Court in W.A.No.(MD)Nos.383 to 457 of 2015, [K.Rajendran and others Vs. Tamil Nadu State Transport Corporation, represented by its Managing Director, Madurai-10 and 3 others] and disburse the petitioner's retirement benefits, if any, provided, he has retired without any disciplinary proceedings pending against him, in 12 equal monthly instalments with the first instalment commencing from the first week of June 2017.
T. RAJA, J.
cad The writ petition stands disposed of with the above direction. Costs made easy.
17.03.2017 cad To 1 The Managing Director Tamil Nadu State Transport Corporation (Salem) Ltd.
No.12, Ramakrishna Road Salem 636 007 2 The General Manager Tamil Nadu State Transport Corporation (Salem) Ltd.
Dharmapuri Region Dharmapuri 636 705 3 The Administrator Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme Thiruvalluvar House Pallavan Salai Chennai 600 002 W.P. No.1153 of 2017 http://www.judis.nic.in
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Title

R. Peria Goundan vs 3 The Administrator

Court

Madras High Court

JudgmentDate
17 March, 2017