R.Chandran 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.11303 of 2016 R.Chandran ..
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, Pension Commutation, Leave Surrender (Earned Leave & Medical Leave), by calculating D.A. eligible as per newly implemented rules, with interest at 12% per annum with effect from 01.6.2015. For Petitioner::
Mr. J.Pradeep For Respondents::
Mr. P.Paramasivadoss
ORDER
The petitioner, Mr.R.Chandran, has filed this writ petition for issuance of a writ of mandamus directing the respondents to disburse the payments relating to Gratuity, Pension Commutation, Leave Surrender (Earned Leave and Medical Leave), by calculating D.A. eligible as per newly implemented rules with interest at 12% per annum with effect from 01.6.2015.
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 Driver on 10.10.1983 in the Pallavan Transport Corporation Limited and was transferred to Tamil Nadu State Transport Corporation (Villupuram) Ltd. on 02.8.1987. He retired as Traffic Inspector on 31.5.2015 while working in the regional office of the second respondent Corporation. Now the grievance of the petitioner is that his retirement benefits, namely, gratuity, pension commutation, Leave Surrender (Earned Leave and Medical Leave) 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 Surrender and 12 (3) settlement arrears, etc. are concerned, it is seen that the petitioner has already given representation dated 14.03.2016 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 IV) //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 Retirement Welfare Fund Scheme Thiruvalluvar House, Pallavan Salai, Chennai 600 002 +1cc to Mr.P. Paramasivadoss, Advocate, S.R.No.19530 +1cc to Mr.J. Pradeep, Advocate, S.R.No.19543 VD(CO) EU(20/04/2016) W.P.No.11303 of 2016