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Madras High CourtWP/84/2017disposed of

P.G.Raja (59) (Pr.No.2794) v. The Management,

2017-04-07Honourable Mr Justice T.Raja4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.04.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No 84 of 2017 P.G.Raja .. Petitioner -vs1.The Management, Tamil Nadu State Transport Corporation (Salem) Ltd., rep. by its Managing Director No.52, Ramakrishnan Road, Chinnapudur, Salem-636 007.

2.The General Manager, Tamil Nadu State Transport Corporation (Salem) Ltd., No.52, Ramakrishnan Road, Chinnapudur, Salem-636 007.

.. Respondents Petition is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents to pay the petitioner a sum of Rs.5,13,069/- towards gratuity and a sum of Rs.1,94,375/- towards commutation and a sum of Rs.75,164/- towards labour welfare fund and a sum of Rs.3,77,378/- towards provident fund and all other retirement benefits etc. within the time stipulated by this Court. For Petitioner ::

Mr.V.Sivakumar For Respondents ::

Mr.P.Kannan Kumar

ORDER

The petitioner, having retired from service as Senior Grade Driver in the respondent Corporation on 30.04.2016, has filed this writ petition seeking a direction to the respondents to settle all the retirement benefits payable to him, as prayed for in the petition.

2.Mr.P.Kannan Kumar, learned Standing Counsel appearing 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 retirement benefits in twelve equal monthly instalments with 6% interest per annum, a similar direction may be issued in this writ petition also.

3. This Court, recording the statement made by the learned Standing Counsel appearing for the respondents, 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 respondent 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 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. With this direction, the writ petition is disposed of accordingly. No costs. Speaking/Non speaking order 07.04.2017 Index : yes/no vga To 1.The Management, Tamil Nadu State Transport Corporation (Salem) Ltd., rep. by its Managing Director No.52, Ramakrishnan Road, Chinnapudur, Salem-636 007.

2.The General Manager, Tamil Nadu State Transport Corporation (Salem) Ltd., No.52, Ramakrishnan Road, Chinnapudur, Salem-636 007.

T.RAJA, J.

vga W.P.No 84 of 2017 07.04.2017 http://www.judis.nic.in