Madras High CourtWP/8424/2017disposed of

M.C.Mohan, Sg Work Asst. v. The Government Of Tamilnadu

2017-04-10Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.04.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.8424 of 2017 M.C.Mohan,S.G.Work Asst. Ao2680 .. Petitioner -vs1.The Government of Tamil Nadu Rep. by its Principal Secretary Transport Department Secretariat, Fort St.George Chennai-600 009.

2.The Managing Director Metropolitan Transport Corporation (Chennai) Ltd., Pallavan House, Anna salai Chennai-600 002.

3.The Administrator Tamil Nadu State Transport Corporation Pension Fund Trust Thiruvalluvar House, Pallavan Salai Chennai-600 002.

.. Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to settle the terminal benefits to the petitioner such as the Encashment of Leave Salary (EL), Encashment of Leave Salary (M/L-98) Subscription amount of Medical and Engineering College, Difference in Gratuity, Pension Commutation (balance), Pension DA arrears, retirement benefits scheme, arrears of settlement benefits, pension arrears and other eligible terminal benefits after taking into account the enhanced dearness allowance with interest of 18% on delayed payment from 30.06.2014 the date of retirement to till the date of settlement of the terminal benefits to the petitioner in the light of the common order passed in W.A.(MD).Nos.383 to 457 of 2015 dated 12.06.2015.

For Petitioner: Ms.S.Vijaya for M/S.Vijaya and Anandh For R1 : Mr.V.Jayaprakash Narayanan, Spl.G.P.

For R2 and R3 : Mr.P.Kannan Kumar, standing counsel

ORDER

The petitioner has filed this writ petition for issuance of a writ of mandamus, directing the respondents to settle the terminal benefits to the petitioner such as the Encashment of Leave Salary (EL), Encashment of Leave Salary (M/L-98) Subscription amount of Medical and Engineering College, Difference in Gratuity, Pension Commutation (balance), Pension DA arrears, retirement benefits scheme, arrears of settlement benefits, pension arrears and other eligible terminal benefits after taking into account the enhanced dearness allowance with interest of 18% on delayed payment from 30.06.2014 the date of retirement to till the date of settlement of the terminal benefits to the petitioner in the light of the common order passed in W.A.(MD).Nos.383 to 457 of 2015 dated 12.06.2015.

2. Heard the learned counsel appearing for the petitioner. Mr.V.Jayaprakash Narayanan, learned Special Government Pleader, takes notice on behalf of the first respondent. Mr.P.Kannan Kumar, learned standing counsel takes notice on behalf of the respondents 2 and 3.

3. The petitioner was appointed to the post of Works Assistant on 01.08.1990 in the erstwhile Pallavan Transport Corporation Limited, Chennai. After rendering 24 years of service, he was allowed to retire from service on 30.06.2014 on attaining the age of superannuation. Now the grievance of the petitioner is that his retirement benefits namely, encashment of Leave Salary (EL), encashment of Leave Salary (M/L-98), subscription amount of Medical and Engineering College, Difference in Gratuity, Pension Commutation (balance), Pension DA arrears, retirement benefits scheme, arrears of settlement benefits, pension arrears and other eligible terminal benefits, have not been till date settled by the respondents. Therefore, the petitioner has given a representation on 24.03.2017 to the respondents. As the same has not been considered, the petitioner has come forward with the present writ petition.

4. Since the issue is squarely covered by 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 terminal benefits due and payable to the petitioner through twelve equal monthly instalments carrying interest of 6% p.a. by considering his representation. 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/- Assistant Registrar //True Copy// Sub Assistant Registrar kj To 1.The Principal Secretary The Government of Tamil Nadu Transport Department Secretariat, Fort St.George Chennai-600 009.

2.The Managing Director Metropolitan Transport Corporation (Chennai) Ltd., Pallavan House, Anna salai Chennai-600 002.

3.The Administrator Tamil Nadu State Transport Corporation Pension Fund Trust Thiruvalluvar House, Pallavan Salai Chennai-600 002.

+1cc to Mr.Vijaya & Anandh, Advocate, S.R.No.21685 +2cc to Mr.Kannan Kumar, Advocate, S.R.No.21677 +1cc to the Government Pleader, S.R.No.21925 W.P.No.8424 of 2017 SCD(CO) RS(21/04/2017)