Ranganathan.M, v. Tamil Nadu State Transport

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.04.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.8224 of 2017 Ranganathan.M .. Petitioner -vsTamil Nadu State Transport Corporation Ltd., 37, Mettupalayam Road, Coimbatore 641 043.

Represented by its Managing Director'

... Respondent Prayer: Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the respondent to pay the petitioner all his retirement benefits including Provident Fund, Gratuity, Leave Salary Amount, IRT Deposit Amount and all other benefits with interest at the rate of 18% p.a. within the time frame and to grant him the interest at the rate of 18% p.a. for the belated settlement of his eligible benefits from the date of retirement to till the date of settlement by the respondent within the time frame. For Petitioner : Mr.A.Rajendiran For Respondent : Mr.P.KannanKumar

O R D E R

The petitioner has filed this writ petition for issuance of a writ of mandamus, directing the respondent to pay the petitioner all his retirement benefits including Provident Fund, Gratuity, Leave Salary Amount, IRT Deposit Amount and all other benefits with interest at the rate of 18% p.a. within the time frame and to grant him the interest at the rate of 18% p.a. for the belated settlement of his eligible benefits from the date of retirement to till the date of settlement by the respondent within the time frame.

2. Heard the learned counsel appearing for the petitioner. Mr.P.Kannan Kumar, learned Standing Counsel

takes notice on behalf of the respondent.

3. The petitioner joined the services of the respondent Corporation as Company Apprentice (Diploma) with effect from 12.03.1981 and he retired from the service on attaining the age of superannuation on 28.02.2017. While the petitioner was working as Selection Grade Senior A.E, in the Ukkadam-I of Coimbatore Region of the respondent Corporation, he was disbursed of Social Security Scheme amount of Rs.40,000/- and remaining the retirement benefits has also not been disbursed. Therefore, he has given a representation dated 10.03.2017 to the respondent. No order has been passed on the same. Hence, the petitioner has come forward with the present writ petition. 4.Mr.P.Kannan Kumar, learned Standing Counsel takes notice for the respondent and he would submit that the petitioner's representation will be considered and the terminal benefits would be disbursed.

5. 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 respondent to settle the entire terminal benefits due and payable to the petitioner through twelve equal monthly installments carrying interest of 6% p.a. The installments should commence from 1st Week of July, 2017 and each of the installments should be paid on or before 7th of each month. In case of any delay in the payment of the installments, 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 installments. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kkd

To The Managing Director, Tamil Nadu State Transport Corporation Ltd., 37, Mettupalayam Road, Coimbatore 641 043.

+1cc to Mr.P.Kannan Kumar, Advocate, S.R.No.21568 +1cc to Mr.A.Rajendiran, Advocate, S.R.No.21430 W.P.No.8224 of 2017 SAI(CO) RS(11/05/2017)