Madras High CourtWP/9508/2017disposed of

N.Elumalai v. The State Of Tamil Nadu

2017-04-19Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.04.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.Nos.9508 to 9517 of 2017 N. Elumalai ..

Petitioner in W.P.No.9508 of 2017 S. Dharmapitchai ..

Petitioner in W.P.No.9509 of 2017 M. Kaliappan ..

Petitioner in W.P.No.9510 of 2017 G. Lakshmanasamy ..

Petitioner in W.P.No.9511 of 2017 R. Markandan ..

Petitioner in W.P.No.9512 of 2017 S.K. Naguladiyan ..

Petitioner in W.P.No.9513 of 2017 K. Palaniappan ..

Petitioner in W.P.No.9514 of 2017 D. Rajendran ..

Petitioner in W.P.No.9515 of 2017 K. Ramasamy ..

Petitioner in W.P.No.9516 of 2017 P. Veerapandian ..

Petitioner in W.P.No.9517 of 2017 -vs1. The State of Tamil Nadu rep.By Its Principal Secretary, Transport Department, Fort.St.George, Chennai-9.

2. The Managing Director State Express Transport Corporation (TN) Ltd, Chennai - 600 002. .. Respondents in all writ petitions Common Prayer in all WPs Petitions under Article 226 of the Constitution of India, seeking for issuance of a Writ of Mandamus, directing the second respondent to settle all eligible retirement benefits of the petitioners as sought for in their representations dated 24.03.2017 including interest thereto on such belated payment within a time to be stipulated by this Hon'ble Court. For Petitioners :Ms.N.R.Jasmine Padma in all WPs For Respondents :Mr.V.Jayaprakash Narayanan Special Government Pleader for R1 in all WPs.

Mr.P.Kannankumar for R2 in all WPs

ORDER

The petitioners, having retired from service as Selection Grade Senior Driver, Checking Inspector, Checking Inspector, Selection Grade Senior Driver, Selection Grade Senior Driver, Checking Inspector, Checking Inspector, Selection Grade Senior Conductor, Checking Inspector, Selection Grade Senior Conductor, in the respondent Corporation on 28.02.2017, 31.05.2015, 31.05.2015, 28.02.2017, 28.02.2017, 31.10.2013, 30.06.2014, 28.02.2015, 30.06.2012, 31.05.2015 respectively, have filed these writ petitions seeking a direction to the respondent to settle the terminal benefits payable to them, as prayed for in the petitions, with interest at 6% per annum, by considering their representations dated 24.03.2017.

2. The learned standing counsel 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 retiral benefits in twelve equal monthly instalments with 6% interest per annum, a similar direction may be issued in these writ petitions also.

3. This Court, recording the statement made by the learned standing counsel for the respondent Corporation, 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 respondents 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 petitioners through twelve equal monthly instalments carrying interest of 6% p.a. The instalments should commence from July, 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 petitioners for such non-payment of the instalments. With this direction, these writ petitions are disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar

kv/ss To

1. The Principal Secretary to Government, Transport Department, Fort.St.George, Chennai-9.

2. The Managing Director State Express Transport Corporation (TN) Ltd, Chennai - 600 002.

+1cc to Mr.P.Kannan kumar, Advocate, S.R.No.24578 +10ccs to Mr.L.Chandrakumar, Advocate, S.R.No.23801 +1cc to the Government Pleader, S.R.No.23839 W.P.Nos.9508 to 9517 of 2017 ak(co) rmp(08/05/17)