Madras High CourtWP/10407/2017disposed of

R.Elango, S/O.D.G.Rajan, v. The State Of Tamil Nadu

2017-04-25Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.04.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.Nos.10407 to 10415 of 2017 R.Elango ..

Petitioner in W.P.No.10407 of 2017 R.Chandrasekaran ..

Petitioner in W.P.No.10408 of 2017 K.Ganesh Kumar ..

Petitioner in W.P.No.10409 of 2017 S.Jayakumar ..

Petitioner in W.P.No.10410 of 2017 P.Kannusamy ..

Petitioner in W.P.No.10411 of 2017 V.Pandian ..

Petitioner in W.P.No.10412 of 2017 J.Sabesan ..

Petitioner in W.P.No.10413 of 2017 S.Tajudeen ..

Petitioner in W.P.No.10414 of 2017 N.Vadivelu ..

Petitioner in W.P.No.10415 of 2017 -vs1. The State of Tamil Nadu rep.by its Principal Secretary Transport Department Fort St.George Chennai 600 009

2. The Managing Director State Express Transport Corporation (TN) Ltd., Chennai 600 002 ..Respondents in all the writ petitions Petitions under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the second respondent to settle all eligible retirement benefits of the petitioners as sought for in their representations dated 04.04.2017 & 05.04.2017 respectively including interest thereto on such belated payment within a time to be stipulated by this Hon'ble Court.

For Petitioners :: Mr.L.Chandrakumar For Respondents :: Mr.T.M.Pappiah Special Government Pleader for R1 Mr.P.Kannankumar for R2

ORDER

The petitioners, having retired from service as Selection Grade Senior Conductor/Selection Grade Senior Tradesman/Selection Grade Senior Driver/Checking Inspector in the respondent Corporation on 30.6.2015, 31.1.2014, 31.3.2016, 30.9.2016, 31.8.2016, 30.4.2016, 30.6.2011, 31.3.2015 & 31.5.2011 respectively, have filed these writ petitions seeking a direction to the respondents to settle all the eligible retirement benefits payable to them, as prayed for in their representations dated 4.4.2017 & 5.4.2017, including interest thereon on such belated payment within a time to be stipulated by this Court.

2. The 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 these writ petitions also.

3. This Court, recording the statement made by the learned standing counsel for the respondent 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 entire retirement benefits due and payable to the petitioners through twelve equal monthly instalments carrying interest of 6% p.a., by considering their representations. 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 petitioners for such non-payment of the instalments. With this direction, the writ petitions are disposed of accordingly. No costs.

Sd/- ASST. REGISTRAR /TRUE COPY/ SUB ASST. REGISTRAR

1. The Principal Secretary to Government Transport Department Fort St.George Chennai 600 009

2. The Managing Director State Express Transport Corporation (TN) Ltd., Chennai 600 002 +1 CC GOVERNMENT PLEADER SR.25312 +9 CC MR.L.CHANDRAKUMAR SR.25136 +1 CC MR.P.KANNAN KUMAR SR.25936 W.P.Nos.10407 to 10415 of 2017 KJ(CO) T.R (12/05/2017)