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Madras High CourtWP/10855/2016disposed of

V.Paramasivam v. The Managing Director

2016-03-23Honourable Mr Justice T.Raja2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.03.2016

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.10855 of 2016 V.Paramasivam ..Petitioner -Vs1. The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Limited Vazhuthareddy, Villupuram - 605 602.

2. The General Manager Tamil Nadu State Transport Corporation (Villupuram) Limited Vellore Region, Vellore 632 009.

3. The Administrator Tamil Nadu State Transport 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 disburse the payments relating to Gratuity, Commutation, Leave Encashment Pension arrears by calculating D.A. eligible and 2013 Wage Settlement effect as per newly implemented, with interest at 12% per annum with effect from 01.07.2014 within the stipulated time.

For Petitioner :: Mr.J.Pradeep For Respondents :: Mr.P.Paramasivadoss

ORDER

The petitioner, Mr.V.Paramasivam has filed this writ petition for issuance of a writ of mandamus directing the respondents to disburse the payments relating to Gratuity, Commutation, Leave Encashment Pension arrears by calculating D.A. eligible and 2013 Wage Settlement effect as per newly implemented, with interest at 12% per annum with effect from 01.07.2014 within the stipulated time.

2. Heard the learned counsel for the petitioner. Mr.P.Paramasivados, learned standing counsel takes notice on https://hcservices.ecourts.gov.in/hcservices/

behalf of the respondents.

3. The petitioner joined as Store attender on 11.02.1981 in the Tamil Nadu State Transport Corporation Limited, Villupuram and voluntarily retired as Special Grade Store Assistant on 30.6.2014 while working in Konavattam Depot of the second respondent Corporation. Now the grievance of the petitioner is that his retirement benefits, namely, gratuity, commutation, leave Encashment, Pension arrears, 2013 wage settlement benefits, 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 first 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 petitioner for such non-payment of the instalments. No costs. ga Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To

1. The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Limited, Vazhuthareddy, Villupuram - 605 602.

2. The General Manager Tamil Nadu State Transport Corporation (Villupuram) Limited, Vellore Region, Vellore 632 009.

3. The Administrator Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme Thiruvalluvar House, Pallavan Salai, Chennai 600 002. + 1 cc to Mr.J.Pradeep, Advocate Sr 18539 + 1 cc to Mr.P.Paramasivadoss, Advocate Sr 18913 KR/12/4/16 W.P.No.10855 of 2016 https://hcservices.ecourts.gov.in/hcservices/