P.Subramani, v. The Managing Director,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.03.2016

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.11253 of 2016 P.Subramani ..

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, Earned Leave Salary and Arrear of Salary by calculating D.A. eligible as per newly implemented with interest at 12% per annum with effect from 01.03.2014. For Petitioner ::

Mr. J.Pradeep For Respondents ::

Mr. P.Paramasivadoss

ORDER

The petitioner, Mr.P.Subramani, has filed this writ petition for issuance of a writ of mandamus directing the respondents to disburse the payments relating to Gratuity, Commutation Earned Leave Salary and Arrears of Salary by calculating D.A. eligible as per newly implemented with interest at 12% per annum with effect from 01.03.2014.

2. Heard the learned counsel for the petitioner. Mr.P.Paramasivadoss learned standing counsel takes notice on behalf of the respondents.

3. The petitioner joined as Conductor on 29.11.1980 in the Tamil Nadu State Transport Corporation (Villupuram) Limited, and retired as Checking Inspector on 28.02.2014, while working in the Regional Office of the second respondent Corporation. Now the grievance of the petitioner is that his retirement benefits, namely, gratuity, commutation, Earned Leave salary and arrears of salary , etc., have not been till date settled by the respondents.

4. Mr. P.Paramasivadoss, learned standing counsel, who takes notice on behalf of respondents, submitted that as far as computation is concerned, the respondents have already started the process to disburse the same within 24 instalments.

5. The said submission is recorded.

6. Insofar as the other benefits, namely, Gratuity, Earned Leave Salary and Arrears of Salary are concerned, it is seen that the petitioner has already given representation dated 08.3.2016 and hence, the same deserves to be considered by the respondents 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).

7. Accordingly, this writ petition is disposed of with a direction to the respondents to settle the entire terminal benefits due and payable to the petitioner in twelve equal monthly instalments carrying interest at the rate of 6% p.a. The 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 s/d- Assistant Registrar(J) True Copy Sub-Assistant 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 Retriement Welfare Fund Scheme Thiruvalluvar House, Pallavan Salai, Chennai 600 002 + 1 cc to Mr.J.Pradeep, Advocate, SR 19544 + 1 cc to Mr.P.Paramasivadoss, Advocate, SR 19529 rv(co) prk13/4 W.P.No.11253 of 2016