Madras High CourtWP/9791/2017disposed of

P.Mani, Selection Grade v. The Managing Director

2017-04-21Honourable Mr Justice T.Raja4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.04.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.Nos.9791 to 9793 of 2017 P. Mani .. Petitioner in W.P.No.9791 of 2017 A. Sellappan .. Petitioner in W.P.No.9792 of 2017 P. Ganesan .. Petitioner in W.P.No.9793 of 2017 -vsThe Managing Director, Tamil Nadu Transport Corporation Ltd., 12, Ramakrishna Salai, Salem - 636 007.

Respondent in all W.Ps W.P.No.9791 of 2017 is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondent to consider the Petitioner's representation dated 12.04.2017 seeking Retired monetary benefits, Gratuity, employee Provident Fund, Welfare Fund, 12(3) Settlement Arrears, Basic Pay, Earnest leave Arrears of salary amount and Dearness Allowance, Service benefits, Pension, Bonus, society Fund, Security Fund, surrendered medical leave accrued in his credit so far in his credit in accordance with law within time fixed by this court. W.P.No.9792 of 2017 is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondent to consider the Petitioner's representation dated 12.04.

2017 seeking Retired monetary benefits, Gratuity, employee Provident Fund, Welfare Fund, 12(3) Settlement Arrears, Basic Pay, Earnest leave Arrears of salary amount and Dearness Allowance, Service benefits, Pension, Bonus, society Fund, Security Fund, surrendered medical leave accrued in his credit so far in his credit in accordance with law within time fixed by this court.

W.P.No.9793 of 2017 is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondent to consider the Petitioner's representation dated 12.04.2017 seeking the benefits of IRD, ERBS, Earn Leave, Medical Leave and Dearness Allowance and other benefits accrued in the Petitioner's credit so far, in accordance with law within time fixed by this court.

For Petitioners ::

Mr.A. Ganesan For Respondent ::

Mr.P.Paramasivadoss

ORDER

The petitioners, having retired from service as Selection Grade Senior Driver/Senior Technician in the respondent Corporation on 30.11.2016, 31.03.2017, 31.01.2012, respectively, have filed these writ petitions seeking a direction to the respondents to settle all the retirement benefits payable to them, as prayed for in the petitions.

2. Mr.P.Paramasivadoss, 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 retirement 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 appearing for the respondent, 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 respondent 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 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 petitioners for such non-payment of the instalments. With this direction, the writ petitions are disposed of accordingly. No costs.

Speaking/Non speaking order 21.04.2017 Index : yes/no vga To The Managing Director, Tamil Nadu Transport Corporation Ltd., 12, Ramakrishna Salai, Salem - 636 007.

T.RAJA, J.

vga W.P.Nos.9791 to 9793 of 2017 21.04.2017 http://www.judis.nic.in