tvl.Chinnaiah v. 1. Telangan

Petition under Article 226 of the C nstitution of lndia praying that in the therewith, the High Court maY be circumstances stated in the affidavit file pleased to issue an appropriate Writ' orde or Direction, more Particularly one ln the nature of Writ of Mandamus' to d clare the action of the resPondent authorities in settling retirement and pen ionary benefits as per the petitioners entitlement inspite of his repeated visits' as being illegal, arbitrary and uniust' and consequently direct the respondent uthorities to settle the retirement and pensionary benefits of the petitioner tA NO :1 oF 2018 Petition under Section 151 CPC P in the affidavit filed in support of the peti aying that in the circumstances stated ion, the High Court maY be Pleased to -rar-ll9-.](r- r &*rrE tt'i ././ directtherespondentauthoritiestoforthwithSettletheretirementandpensionary benefits as per his entitlement, pending disposal of the main Writ Petition lA NO: 2 oF 2018 petition under Sectron 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition' the High Court may be pleased to direct the respondent authorities to pay the interest at the rate of 18% p.a on the amounts due and payable to me from the date of my retiiement i e 30 4'2015 to till the date of payment, in the interest of justice' Counsel for the Petitioner: SRI G'RAJESH Counsel for the Respondents: SRI U'SHANTHI BHUSHAN RAO' SC FOR TGSRTC The Court made the following: ORDER HONOURABLE SRI WSTICEV RAMAXRISHNA REDDY I.A.No.2 of o18 In WRIT PEIITION No. 771 of 2018 COMMON ORI)ER: The brief facts of the case as can be'seen from the a-ffidavit hled in support of the pe tion are that the petitioner has been appointed as Mechanic the respondent corporation in tlre year 1979 and while he wa working as Superintendent (materials) he got retired from ervice on 30.04.2015 on attaining the age of superann tion. Even prior to hrs retirement, the petitioner submi d required claim forms for settlement of the monetary bene ts viz., PF, SBT, gratuity difference amount, RPS arrears and last month salary. However, even after his retirement, the re ondent authorities did not settle the monetary benefits desp te making repeated visits. Having vexed witi the attitude of respondents authorities in setfling the retirement benefits, petitioner got issued lega-1 notice dated 24.O9.2OL6 calling upo the respondent authorities to settle his retirement benefits to h he is entitled, but in vain. Hence, the petitioner frled present writ petition to direct t1:e respondent authorities in settling his retirement benefits as per his entitlement. A1 ng with the writ petition tf.e 2 VRKR, J \4P 277 lJ0la petitioner frled I.A.No.2 of 20 18 seeking interest (g) l9o/o per annum on the amount due and payable to the petitioner from the date of his retirement LiIl the date of setflement of his retirement benehts

2. Heard Sn G. Rajesh, learned counsel on record for the petiLioner, Sri U. Shanthr Bhushan Rao, learned Standing counsel for TGSRTC and perused the record.

3. This court vrde order daLed 07 .02.2018 dir-ected tl-re respondents to hle counter afhdavit as to why retirement benefits were not paid to the petitioner though the petitioner retired on 30.04.2015 itself. Subsequently, on 05.03.2018 an undertaking was given on behalf of the respondent corporation before this Court to the effect that a1l such retirement befits would be paid to t}le petitioner positively within a pcriod of two weeks there from.

4. The respondents hled their counter by specihcally statrng that in pursualce of the undertaking given before this court on O7.O2.2Ola, the respondents have settled all the retirement benehts to which the petitioner is entitled and thc same is extracted hereunder: 4!!!€xElEti-mdEr \re:*:j*lcrl"]*i:,-.::7 3 S.No Particulars Amount VRKR, J *:lD'2771 2Ol8 mode of Date and pal,rnent Paid on 77 .O2.2O18 1 2 3 4 5 6 7 Rs.57,1 i 1/ - SBT PF Rs.11,43,972 Paid on 77.O2.2014 Gratuity Rs.6,76,O97 /. Paid on 3O.O4.2015 Settlement Salary RPS 2OI3 arrears Difference of gratuity Terminal l*ave Encashment Rs.42,925/- Rs.1,83,466l. Rs.2,27,2O3 /. Rs.4,a7,132 / Cheque No.524479 dated 16.03.2O 18 Cheque No.524479 dated 16.03.2O 18 Cheque No.524479 dated 16.O3.2O 18 Cheque No.524484 dated i6.03.2O 18 5, The peLitioner did not disP te about the above said settlements made by the responden corporation.

6. In view of the settlement of rement benefits in favour of the petitioner by the respondent rporation, the wider relief claimed by the writ petitioner has b en resolved. 7 . So far as the claim made bY petitioner in I.A.No.2 of 2018 seeking interest @ l8"k per um on the amount due and payable to the petitioner from e date of his retirement till the date of settlement of his retire ent benefits, I feel that the said issue has to be decided bY respondent corporation upon making appropriate app n before t-Ile concerned 4 VRKR, J wp 2771JO la authorities of respondent corporation. Thus, a liberty is given to tl-e petitioner to approach the concerned authorities of Respondent Corporation ald hle an appropriate application and upon Iiling such application, the respondents are directed to consider the same as expeditiously as possible if the petitioner is entitied for the same as per the rules in vogue. It is needless to mention that the respondents shall a_[so communicate the decision to the peLitioner. Accordingly, I.A.No.2 of 2018 is disposed of.

8. In view of the above observations, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. -P. PONNA rqrANT RE KRISHNA GISTRAR //TRUE COPY// ,J SECTION OFFTCER The Vice Chairman and [\/anaging Director, Telangana State Road Transport Corporation, [Vlusheerabad, Hyderabad. The Regional Manager, TSRTC, Adilabad Region, Adilabad District The Depot [\4anager, TSRTC, Mancherial Depot, Adilabad District. One CC to SRI G.RAJESH, Advocate [OPUC] One CC to SRI U.SHANTHI BHUSHAN RAO, SC FOR TGSRTC [OPUC] Two CD Copies To, 1 2 J 4 5 6 J BSR BS W HIGH COURT DATED: 1310812025 4 ORDER l.A.No.2 of 2018 IN/AND W.P.No.2771 OF 2018 o(J ( 'f 1H 5r4 2I AUB 2125 z. .r) I I * p/.ta DISPOSING OF BOTH THE I.A. & WRIT PETITION' WITHOUT COSTS