Allowed

A.Shajakhan v. The Managing Director

Madras HC21 Oct 2016WP/36939/2016

Case brief

AI extract

What is this about?

The petitioner, a retired employee, sought writ for settlement of outstanding retirement benefits. The Court followed a Division Bench judgment of this Court and directed the respondents to pay the benefits in equal monthly instalments.

What did the court decide?

Respondents directed to disburse retirement benefits in twelve equal monthly instalments starting 01.01.2017. Petition disposed of.

A.Shajakhan 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 : 21.10.2016

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CORAM

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THE HONOURABLE MR. JUSTICE R.SUBBIAH

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W.P.No.36939 of 2016

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A.Shajakhan ...Petitioner

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vs.

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The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, 12, Ramakrishna Road, Salem – 636 007. 2. The General Manager, Tamil Nadu State Transport Corporation (Salem) Limited, 12, Ramakrishna Road, Salem – 636 007. 3. The Administrator, Tamil Nadu State Transport Corporation Employee Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai – 600 002. ...Respondents

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Prayer :- 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 viz., (i) Gratuity, (ii) Earned Leave Salary at his credit, (iii) Surrendered Leave Salary, (iv) ERBS pension arrears, (v) Settlement arrears, (vi) Salary and pension DA arrears and other terminal benefits payable to him with interest at 12% per annum with effect from 01.05.2013, within the stipulated time to be fixed by this Court.

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For Petitioner : Ms.S.Girija For Respondents: Mr.P.Paramasivadoss

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With the consent of both sides, the main writ petition itself is taken up for final disposal.

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

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The writ petition has been filed seeking Mandamus directing the respondents to settle the retirement benefits, due to the petitioner, with interest, within the time that may be stipulated by this Court.

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The petitioner is the retired employee of the respondents Corporation and he was not paid the retirement benefits due to him, fully. Hence, the petitioner made representation to the respondent requesting to pay all the retirement benefits. But, the same has not been 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 take notice for the respondents.

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The issue involved in the present writ petitions 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 01.01.2017.

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

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Sd/Assistant Registrar(CS II)

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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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The Managing Director,
Tamil Nadu State Transport
Corporation (Salem) Limited,
12, Ramakrishna Road,
Salem – 636 007.
2. The General Manager,
Tamil Nadu State Transport
Corporation (Salem) Limited,
12, Ramakrishna Road,
Salem – 636 007.
3. The Administrator,
Tamil Nadu State Transport Corporation
Employee Post Retirement Welfare Fund Scheme,
Thiruvalluvar House, Pallavan Salai,
Chennai – 600 002.
+ 1 cc to M/s. S. Girija, Advocate SR.59926
W.P.No.36939 of 2016
NM(CO)
EU 22.11.16

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

A.Shajakhan v. The Managing Director

Case brief

What is this about?

What did the court decide?

A.Shajakhan v. The Managing Director

Case brief

What is this about?

What did the court decide?

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