S.R.Nambi, 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.11258 of 2016 S.R.Nambi ... 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 - 632 109
3. The Administrator Tamil Nadu State Transport Corporation Employees Post Retriement 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 and Pension arrears calculating D.A. eligible as per the new rates implemented with interest at 18% per annum with effect from 31.08.2014. For Petitioner : Mr. T.M.Kannan For Respondents : Mr. P.Paramasivadoss
ORDER
The petitioner, Mr.S.R.Nambi, 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 and Pension arrears by calculating D.A. eligible as per the new rates implemented with interest at 18% per annum with effect from 31.08.2014.
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 in January 1981 in the Tamil Nadu State Transport Corporation (Villupuram) Limited, and retired on 31.08.2014, while working in the Vellore Region - Koyambedu Depot. Now the grievance of the petitioner is that his retirement benefits, namely, gratuity, commutation, Leave Encashment and Pension arrears, 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, Leave Encashment and Pension arrears are concerned, it is seen that the petitioner has already given representation dated 15.03.2016 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. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar ga
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.
+1cc to Mr.T.M.Kannan, Advocate, S.R.No.19056 W.P.No.11258 of 2016 SAI(CO) CA(18/04/2016)