A.Vedachalam v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.04.2017
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.10213 of 2017 A.Vedachalam ..Petitioner -vs1. The Managing Director Corporation (Villupuram) Limited Vazhuthareddy Villupuram 605 602
2. The General Manager Tamil Nadu State Transport Corporation (Villupuram) Ltd., Kancheepuram Division Karapettai, Kancheepuram 631 552
3. The Administrator Corporation Employees Post Retirement Welfare Fund Scheme Thiruvalluvar House, Pallavan Salai Chennai 600 002 ..Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents to pay the petitioner's gratuity, earned leave wages, commutation pension payable to the petitioner along with interest at 18% p.a., till the date of payment by the respondents in an earlier date.
For Petitioner :: Mr.R.Anbalagan For Respondents :: Mr.P.Kannankumar
ORDER
The petitioner, having retired from service as Special Grade Driver in the respondent Corporation on 31.5.2016, has filed this writ petition seeking a direction to the respondents to settle the retirement benefits payable to him, namely, Gratuity amount of Rs.6,21,900/-, Surrender Leave salary of Rs.2,39,097/-
and Commutation of Rs.2,67,403/-, altogether a sum of Rs.11,28,400/-, with interest at 18% per annum, by considering his representation dated 3.4.2017.
2. Mr.P.Kannankumar, learned standing counsel for the Transport Corporation submitted 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 retiral 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 standing counsel for the Transport Corporation, 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 aforementioned retirement benefits due and payable to the petitioner through twelve equal monthly instalments carrying interest of 6% p.a., by considering his representation. The instalments should commence from July, 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.
Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar ss To
1. The Managing Director Corporation (Villupuram) Limited Vazhuthareddy Villupuram 605 602
2. The General Manager Tamil Nadu State Transport Corporation (Villupuram) Ltd., Kancheepuram Division Karapettai, Kancheepuram 631 552
3. The Administrator Corporation Employees Post Retirement Welfare Fund Scheme Thiruvalluvar House, Pallavan Salai Chennai 600 002 +1cc to Mr.P. Kannan Kumar, Advocate Sr. 25935 +1cc to Mr.B. Dhanasekaran, Advocate Sr. 25188 W.P.No.10213 of 2017 SKV(CO) VR(4/5/2017)