N.Appasamy v. The Principal Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.04.2017
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.9111 of 2017 N.Appasamy .. Petitioner -vs1.The Principal Secretary, Transport Department, Secretariat, Government of Tamilnadu Chennai-600 009.
2.The Managing Director, Metropolitan Transport Corporation (Chennai) LTD,Pallavarn Illam, Anna Salai, Chennai-600 002.
3.The General Manager, Tamil Nadu State Transport Corporation (Madurai) LTD, Madurai Region, Bye Pass Road, Madurai-625010.
4.The General Manager, Tamil Nadu State Transport Corporation (Madurai)LTD, Tirunelveli Region, Vannarapattai, Tirunelveli.
5.The Administrator, Tamil Nadu State Transport Corporation, Employees Pension Fund, Pallavan Salai, Chennai-600 002.
.. Respondents Petition is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the 2nd respondent herein to pay
the pension and other terminal benefits for the service rendered by the petitioner with the respondents transport Corporation. For Petitioner ::
Mr.S.Varadarajulu For R1 :: Mr.V.Jayaprakash Naranyanan (Special Government Pleader) For RR2 to 4 ::
Mr.P.Kannan Kumar For R5 :: Mr.P.Paramasivadoss
ORDER
The petitioner, who has served as Driver in the respondent Corporation and retired on 28.02.2014, has filed this writ petition seeking a direction to the respondent to settle all the retirement benefits payable to him, as prayed for in the petition.
2.Learned Counsel appearing for the respondents/Transport Corporation would submit that since there has been a direction issued by the Hon'ble Division Bench in W.A.(MD) Nos.383 to 457 of 2015 dated 12.6.2015 directing the Corporation to disburse all the retirement benefits in twelve equal monthly instalments with 6% interest per annum, a similar direction may be issued in this writ petition also.
3. This Court, recording the statement made by the learned Counsel appearing for the respondents, taking note 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) directing the respondents to settle all the retirement benefits in twelve equal monthly instalments with 6% interest per annum, hereby directs the respondents to settle the entire retirement benefits due and payable to the petitioner through twelve equal monthly instalments carrying interest of 6% p.a. The instalments should commence from June, 2017 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. With this direction, the writ petition is disposed of accordingly. No costs.
Speaking/Non speaking order 17.04.2017 Index : yes/no vga
T.RAJA, J.
vga To 1.The Principal Secretary, Transport Department, Secretariat, Government of Tamilnadu Chennai-600 009.
2.The Managing Director, Metropolitan Transport Corporation (Chennai) LTD,Pallavarn Illam, Anna Salai, Chennai-600 002.
3.The General Manager, Tamil Nadu State Transport Corporation (Madurai) LTD, Madurai Region, Bye Pass Road, Madurai-625010.
4.The General Manager, Tamil Nadu State Transport Corporation (Madurai)LTD, Tirunelveli Region, Vannarapattai, Tirunelveli.
5.The Administrator, Tamil Nadu State Transport Corporation, Employees Pension Fund, Pallavan Salai, Chennai-600 002.
W.P.No.9111 of 2017 17.04.2017 http://www.judis.nic.in