Madras High CourtWP/6393/2017disposed of

A.Periasamy, Staff No. Efo090 v. The Government Of Tamil Nadu

2017-03-16Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.03.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.6393 of 2017 A.Periasamy ..

Petitioner -vs1. The Government of Tamil Nadu rep.by the Secretary Transport Department Secretariat, Fort St.George Chennai 600 009

2. The Managing Director Tamil Nadu State Transport Corporation (Salem) Limited No.12, Ramakrishnan Road Salem 636 007 3 The General Manager Tamil Nadu State Transport Corporation (Salem) Limited No.12, Ramakrishnan Road Salem 636 007

4. 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 settle the petitioner's retirement benefits including Gratuity, Provident Fund, Labour Welfare Fund, Earned Leave Salary, EL Leave Surrender, ML Credit, ERBS Pension arrears, Pension DA arrears, IRT & Medical College Fund and Interest for belated settlement of Provident Fund, Gratuity, Commutation and Labour Welfare Fund and other benefits etc., with interest at the rate of not less than 18% per annum payable from the date of retirement and consequently directing the respondents to pay interest at the rate of 18% per annum for the

belated settlement of retirement benefits to the petitioner payable from the date of retirement i.e., 31.01.2017 to till date of actual payment to the petitioner within the time that may be stipulated by this Hon'ble Court.

For Petitioner :: Mr.M.Selvam For Respondents :: Mr.V.Jayaprakash Narayanan Special Government Pleader for R1 Mr.R.K.Gandhi for R2 & 3

ORDER

Mr.A.Periyasamy has filed this writ petition seeking a direction to the respondents to settle the petitioner's retirement benefits including Gratuity, Provident Fund, Labour Welfare Fund, Earned Leave Salary, ML Credit, ERBS Pension arrears, Pension DA arrears, IRT & Medical College Fund and Interest for belated settlement of Provident Fund, Gratuity, Commutation and Labour Welfare Fund and other benefits etc., with interest at the rate of not less than 18% per annum payable from the date of retirement i.e., 31.01.2017 to till date of actual payment to the petitioner, within the time that may be stipulated by this Hon'ble Court.

2. Mr.V.Jayaprakash Narayanan, learned Special Government Pleader takes notice on behalf of the first respondent. Mr.R.K.Gandhi, learned standing counsel takes notice on behalf of the second and third respondents.

3. The petitioner retired from the services of the respondent Corporation as Foreman, on reaching the age of superannuation, on 31.1.2017. However, since his retirement benefits as mentioned above have not been till date settled to him, he has been advised to come to this Court.

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 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. No costs. Sd/- Asst.Registrar (CS VIII ) /true copy/ Sub Asst. Registrar ss To

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

4. The Administrator Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme Thiruvalluvar House, Pallavan Salai Chennai 600 002 +1cc to M/s.M.Selvam,Advocate sr.16483 +1cc to Government Pleader sr.16715 +1cc to M/s.R.K.Gandhi,Advocate sr.16930 W.P.No.6393 of 2017 sa1(co) ss(28/3/2017)