Allowed

K.Krishnan, v. The Managing Director

Madras HC22 Sept 2016WP/33331/2016

Case brief

AI extract

What is this about?

Petitioner sought mandamus for disbursement of terminal retirement benefits including gratuity, leave surrender, and social security amounts. Court followed Division Bench judgment directing payment via installment scheme, fixing the schedule of second due installment.

What did the court decide?

Respondent directed to disburse retirement benefits in twelve equal monthly installments commencing from 1.12.2016.

K.Krishnan, Vs The Managing Director — Pension and Retirement Benefits | Madras HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 22.09.2016

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CORAM

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THE HONOURABLE MR. JUSTICE R.SUBBIAH

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Writ Petition No.33331 of 2016

*K.Krishnan

... Petitioner

Vs.

The Managing Director, Tamil Nadu State Transport Corporation Ltd., Villupuram Region, Villupuram, Villupuram District. ... Respondent

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Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondent to disburse the petitioner's terminal benefits including Gratuity, Earned Leave Surrender, Social Security Scheme amount, Commutation amount and all other eligible retirement benefits together with 9% interest to the petitioner within stipulated time as fix by this Court.

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For Respondent : Mr.P.Kannan Kumar

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By consent, the main writ petition itself is taken up for final disposal.

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The petitioner has come up with the present writ petition for a mandamus, directing the respondent to disburse the petitioner's terminal benefits including Gratuity, Earned Leave Surrender, Social Security Scheme amount, Commutation amount and all other eligible retirement benefits together with 9% interest to the petitioner within a stipulated period fixed by this Court.

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It is the case of the petitioner that he joined in the respondent corporation on 24.09.1991 as Conductor. He retired from service as a Conductor on attaining superannuation on 30.04.2016. On the date of his retirement, the respondent has paid the provident fund only and the other terminal benefits were not settled to him. In this regard, he made a representation dated 15.09.2016 to the respondent requesting him

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https://hcservices.ecourts.gov.in/hcservices/

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to pay all the retirement benefits. But, the same was not considered so far. Hence, left with no other alternative, the petitioner has come up with the present writ petition for the relief set out earlier.

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I have heard the learned counsel appearing for the petitioner and the learned counsel, who has taken notice on behalf of the respondent.

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The issue involved in the present writ petition is squarely covered by the judgment of the Division Bench of the Madurai Bench of this Court dated 12.6.2015 made in W.A.(MD) Nos.383 to 457 of 2015 (K.Rajendran & Others vs. The Tamil Nadu State Transport Corporation (Madurai) Limited, rep. by its Managing Director, Madurai and others).

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Following the said judgment, without going into the merits of the matter, the respondent is directed to disburse the aforementioned retiral benefits to the petitioner herein, in twelve equal monthly instalments, in the light of the common judgment passed by this Court in W.A.(MD) Nos.383 to 457 of 2015 (K.Rajendran & Others vs. The Tamil Nadu State Transport Corporation (Madurai) Limited, rep. by its Managing Director, Madurai and others), dated 12.06.2015. It is also made clear that the first instalment shall commence from 1.12.2016.

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With the above direction, the present writ petition is disposed of. No costs.

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Sd/-

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Assistant Registrar(CO) Dated: 21.10.2016

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*Corrected as per the letter dated 21.12.2016 given by the petitioner's counsel Sd/

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Assistant Registrar (CS VII)

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Dated: 27.12.2016

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//True Copy//

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Sub Assistant Registrar

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tsi

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https://hcservices.ecourts.gov.in/hcservices/

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To The Managing Director, Tamil Nadu State Transport Corporation Ltd., To be Villupuram Region, Villupuram, substituted to Villupuram District. the order already +1cc to Mr.C.Prakasam, Advocate, S.R.No.54267 desptched on +1cc to Mr.P.Kannan Kumar, Advocate, S.R.No.54632 3.11.2016

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W.P.No.33331 of 2016 CTK(CO) CA(24/10/2016) 27/11

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https://hcservices.ecourts.gov.in/hcservices/

K.Krishnan, v. The Managing Director

Case brief

What is this about?

What did the court decide?

K.Krishnan, v. The Managing Director

Case brief

What is this about?

What did the court decide?

What the court decided

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