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N.Lingan, Staff No.FC5199 v. The Managing Director

Madras HC5 Oct 2016WP/35226/2016

Case brief

AI extract

What is this about?

This writ petition was disposed of by following a common Division Bench judgment. The court directed the respondents to disburse the petitioner's retirement benefits in twelve equal monthly instalments, with the first instalment commencing from 1.1.2017, without examining the merits of the specific complaint.

What did the court decide?

Directed to disburse retirement benefits in twelve equal monthly instalments commencing from 1.1.2017.

N.Lingan, Staff No.FC5199 Vs The Managing… — Pension and Retirement Benefits | Madras HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 05.10.2016

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CORAM THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.35226 of 2016

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THE HONOURABLE MR. JUSTICE R.SUBBIAH

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N.Lingan ... Petitioner
Vs.
1 The Managing Director
Tamil Nadu State Transport Corporation
(Salem ) Limited
No.12, Ramakrishnan Road
Salem-636 007
2 The General Manager
Tamil Nadu State Transport Corporation
(Salem ) Limited
Dharmapuri Region
Bharathipuram
Dharmapuri
3 The Administrator
Tamil Nadu State Transport Corporation
Employees Post Retirement Welfare Fund Scheme
Thiruvalluvar House
Pallavan Salai
Chennai-600 002 ... Respondents
Writ petition has been filed under Article 226 of the
Constitution of India, praying for a Writ of mandamus directing
the respondents to settle the petitioner's retirement benefits
including Provident Fund, Gratuity, Commutation, EL Surrender,
ML Surrender, IRT Amount and Pension arrears with interest at
the rate of not less than 18% per annum payable from the date of
retirement and consequently directing the respondents to pay
interest at the rate of 18% per annum for the belated settlement
of retirement benefits to the petitioner payable from the date of
retirement i.e. 31.05.2016 to till date of actual payment to the
petitioner within the time that may be stipulated by this
Honourable Court.

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

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For Petitioner : Mr.M.Selvam

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For Respondents : Mr.P.Paramasivadoss

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ORDER

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

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The petitioner joined the services of the Transport Corporation and he retired from service long before. The grievance of the petitioner is that though he retired from service long before, till date, he was not paid with the retirement benefits. In this regard, the petitioner submitted representations before the respondents, on various dates. However, till date, there was no response. Aggrieved against the same, the present Writ Petition has been filed.

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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 respondents.

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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 respondents are 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 1.1.2017.

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

-s/d-

Assistant Registrar

True Copy

Sub-Assistant Registrar

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sbi

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

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To
1 The Managing Director
Tamil Nadu State Transport Corporation
(Salem ) Limited
No.12, Ramakrishnan Road
Salem-636 007
2 The General Manager
Tamil Nadu State Transport Corporation
(Salem ) Limited
Dharmapuri Region
Bharathipuram
Dharmapuri
3 The Administrator
Tamil Nadu State Transport Corporation
Employees Post Retirement Welfare Fund Scheme
Thiruvalluvar House
Pallavan Salai
Chennai-600 002
+1 CC to Mr.M.Selvam, Advocate Sr.No.57615
W.P.No.35226 of 2016
GR(CO)
KP(12.11.2016)

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

N.Lingan, Staff No.FC5199 v. The Managing Director

Case brief

What is this about?

What did the court decide?

N.Lingan, Staff No.FC5199 v. The Managing Director

Case brief

What is this about?

What did the court decide?

What the court decided

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