P.Sampath v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.03.2016

CORAM:

THE HON'BLE MR. JUSTICE T.RAJA W.P.Nos.10029 to 10031 of 2016 P.Sampath .. Petitioner in WP.No.10029/2016 S.Natesan .. Petitioner in WP.No.10030/2016 K.P.Ezhil .. Petitioner in WP.No.10031/2016 Vs 1.The Managing Director, No.12, Ramakrishna Road, Salem - 636 007.

.. 1st respondent in all WPs.

2.The Administrator, Employees Post Retirement Welfare Fund Scheme, Thiruvallurvar House, Pallavan Salai, Chennai - 600 002.

..2nd respondent in W.P.Nos.10029 & 10031/16 Common Prayer : Writ Petitions filed under Article 226 of the Constitution of India seeking a writ of mandamus to direct the respondent to settle all the terminal benefits due and payable to the petitioners with interest at 12% per annum with effect from 31.05.2015, 31.01.2011 and 31.05.2014 respectively, within a stipulated time.

For petitioner in all WPs.

: Mr.A.Selvaraju For Respondents in all WPs : Mr.P.Paramasivadoss C O M M O N O R D E R By way of filing these writ petitions, the petitioners seek a direction to the respondent to settle all the terminal benefits due and payable to them with interest at 12% per annum with effect from 31.05.2015, 31.01.2011 and 31.05.2014 respectively.

2. Since the issues involved in all the writ petitions are one and the same, they are disposed of by this common order. For better appreciation, facts involved in W.P.No.10029 of 2016 are stated below:

The petitioner was initially appointed as Junior Assistant in the first respondent Corporation on 01.04.1984. Thereafter, he was promoted as Senior Superintendent. After rendering 30 years of unblemished service, he retired from service on 31.05.2015. Now the only grievance of the petitioner is that his retirement benefits, namely, gratuity, commutation, leave salary, etc., have not been till date settled by the respondents.

3. Since the issue is squarely covered by the various orders passed by this Court, in the light of the Hon'ble Division Bench judgment in W.A.(MD) Nos.383 to 457 of 2015 dated 12.6.2015 (K.Rajendran and others v. The Tamil Nadu State Transport Corporation (Madurai) Limited represented by its Managing Director, Madurai and others), these writ petitions are disposed of with a direction to the respondents to settle the entire terminal benefits due and payable to the petitioners through twelve equal monthly instalments carrying interest of 6% p.a. The instalments should commence from April, 2016 and each of the instalments should be paid on or before 7th of each month. In case of any delay in the payment of the instalments, the interest payable would become 18% p.a. for the delayed period apart from any other remedy which may be available to the petitioners for such non-payment of the instalments. No costs. Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar rkm To 1.The Managing Director, No.12, Ramakrishna Road, Salem - 636 007.

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2.The Administrator, Employees Post Retirement Welfare Fund Scheme, Thiruvallurvar House, Pallavan Salai, Chennai - 600 002.

+1 cc to Mr.P.Paramasivadoss, Advocate, sr.17504 +1 cc to Mr.A.Selvaraju, Advocate, sr.17204 +1 cc to Mr.A.Selvaraju, Advocate, sr.17206 +1 cc to Mr.A.Selvaraju, Advocate, sr.17205 W.P.Nos.10029 to 10031 of 2016 skv co kra 30.03.2016