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W.P. No.1404 Of 2017 vs 3 The Administrator

Madras High Court|17 March, 2017

JUDGMENT / ORDER

Mr. P. Kannan Kumar, 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, Pension Commutation, Unavailed Portion Leave Salary (EL & ML), CRBS Pension, D.A. Arrears, 12(3) settlement arrears and all other attendant benefits by calculating D.A. eligible as per newly implemented scheme with interest at 12% per annum with effect from 01.10.2016 within a stipulated time. 3 According to the petitioner, he, having joined the service on 22.05.1986 in Thandai Periyar Transport Corporation, retired from service as Superintendent on 30.09.2016, on attaining the age of superannuation; since he was not paid with retirement benefits, except Provident Fund and Social Welfare Fund, he addressed a representation dated 10.01.2017 to the first respondent seeking early disbursement of his retirement benefits, viz., Gratuity, Pension Commutation, Unavailed Portion Leave Salary (EL & ML), CRBS Pension, D.A. arrears and 12(3) settlement arrears, 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 Superintendent in the respondent-Transport Corporation and has addressed a representation dated 10.01.2017 to the first respondent seeking early disbursement of his retirement benefits which is still under consideration, this Court directs the first respondent to consider and pass orders on the petitioner's representation dated 10.01.2017 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 (Villupuram) Ltd.
Vazhuthareddy Villupuram  605 602 2 The General Manager Tamil Nadu State Transport Corporation (Villupuram) Ltd.
Vellore Region Vellore 3 The Administrator Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme Thiruvalluvar House Pallavan Salai Chennai 600 002 W.P. No.1404 of 2017 http://www.judis.nic.in
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Title

W.P. No.1404 Of 2017 vs 3 The Administrator

Court

Madras High Court

JudgmentDate
17 March, 2017