R.Venkatachalam, M/60 Yrs v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.03.2016
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.10116 of 2016 R.Venkatachalam ..
Petitioner -vs1. The Government of Tamil Nadu, rep. by Principal Secretary to Government, Transport Department, Fort St. George, Chennai-600 009.
2. The Managing Director, Tamil Nadu State Transport Corporation (CBE) Limited, 37, Mettupalayam Road, Coimbatore - 641 043.
3. The Administrator Tamil Nadu State Transport Corporation Pension Fund Trust Thiruvalluvar House, Pallavan Salai, Chennai 600 002.
..
Respondents Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the 2nd and 3rd respondents to disburse the retirement benefits of gratuity for a sum of Rs.10,00,000/- earned leave surrender salary for a sum of Rs.7,90,172/- and pension commutation amount for a sum of Rs.7,20,542/- totally comes to Rs.25,10,714/- (Rupees twenty five lakhs ten thousand seven hundred and fourteen only) with 18% interest on delayed payment to the petitioner who is retired from service on 30.04.2014 as Senior Deputy Manager in the second respondent's office on par with the similar issue decided in W.A. (MD) Nos.383 to 457 of 2015 dated 12.06.2015 in issuing direction to the Transport Corporations to settle the terminal benefits of its employees in 12 equal monthly instalments and to pay 6% interest to the terminal benefits payable to the employee.
For Petitioner ::
Mr.D.Veerasekaran For Respondents ::
Mr.K.J.Sivakumar, Government Advocate for R1 Mr.S.Sairaman for R2 and R3
ORDER
The petitioner, Mr.R.Venkatachalam has filed this writ petition for issuance of a writ of mandamus directing the 2nd and 3rd respondents to disburse the retirement benefits of gratuity for a sum of Rs.10,00,000/-, earned leave surrender salary for a sum of Rs.7,90,172/- and pension commutation amount for a sum of Rs.7,20,542/- totally comes to Rs.25,10,714/- (Rupees twenty five lakhs ten thousand seven hundred and fourteen only) with 18% interest on delayed payment to the petitioner, who is retired from service on 30.04.2014 as Senior Deputy Manager in the second respondent's office on par with the similar issue decided in W.A. (MD) Nos.383 to 457 of 2015 dated 12.06.2015 in issuing direction to the Transport Corporations to settle the terminal benefits of its employees in 12 equal monthly instalments and to pay 6% interest to the terminal benefits payable to the employee.
2. Heard the learned counsel for the petitioner. Mr.K.J.Sivakumar, learned Government Advocate takes notice on behalf of the first respondent and Mr.S.Sairaman, learned counsel takes notice on behalf of respondents 2 and 3.
3. The petitioner joined as Management Trainee in the year 1982 in the erstwhile Cheran Transport Corporation Limited, Coimbatore and retired as Senior Deputy Manager on 30.04.2014 while working in the Coimbatore branch of the second respondent Corporation. Now the grievance of the petitioner is that his retirement benefits, namely, gratuity, commutation, leave salary, etc., have not been till date settled by the respondents.
4. 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), this writ petition is disposed of with a direction to the respondents to settle the entire terminal benefits due and payable to the petitioner through twelve equal monthly instalments carrying interest of 6% p.a. The instalments should commence from May, 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 petitioner for such non-payment of the instalments. No costs. vga s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar
To
1. The Principal Secretary to Government, Government of Tamil Nadu, Transport Department, Fort St. George, Chennai-600 009.
2. The Managing Director, Tamil Nadu State Transport Corporation (CBE) Limited, 37, Mettupalayam Road, Coimbatore - 641 043.
3. The Administrator Tamil Nadu State Transport Corporation Pension Fund Trust Thiruvalluvar House, Pallavan Salai, Chennai 600 002.
+ 1 cc to the Govt.Pleader SR 17754 + 1 cc to Mr.s.Sairaman, Advocate SR 17637 + 1 cc to Mr.D.Veerasekaran, Advocate SR 17334 kk(co) prk12/4 W.P.No.10116 of 2016