S.Seetharaman v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.04.2016
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.12938 of 2016 S.Seetharaman ..
Petitioner -vs1.The Managing Director, Vazhuthareddy, Villupuram - 605 602.
2.The General Manager, Thiruvannamalai Region, Thiruvannamalai.
3. The Administrator Tamil Nadu State Transport Corporation, Employees, Post Retirement Welfare Fund Scheme, 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 disburse the payments relating to gratuity, commutation, leave encashment, settlement arrears, pension arrears and last 10 days salary by calculating D.A. Eligible, as per newly implemented scheme, with interest at 12% per annum with effect from 01.11.2014 within the stipulated time as may be fixed by this Court.
For Petitioner ::
Mr.J.Pradeep For Respondents::
Mr.P.Paramasivadoss
ORDER
The petitioner, Mr.S.Seetharaman has filed this writ petition for issuance of a writ of mandamus, directing the respondents to disburse the payments relating to gratuity, commutation, leave encashment, settlement arrears, pension arrears and last 10 days salary, by calculating D.A. Eligible,
as per newly implemented scheme, with interest at 12% per annum with effect from 01.11.2014, within the stipulated time as may be fixed by this Court.
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 in the Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vellore Region on 01.09.1986 and he was retired from service on 31.10.2014 while working as Driving Instructor in Koyambedu Depot of the second respondent Corporation. Now the grievance of the petitioner is that his retirement benefits, namely, gratuity, commutation, leave encashment, settlement arrears, pension arrears, last 10 days salary etc., have not been till date settled by the respondents.
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. The instalments should commence from May, 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 To 1.The Managing Director, Vazhuthareddy, Villupuram - 605 602.
2.The General Manager, Thiruvannamalai Region, Thiruvannamalai.
3.The Administrator Tamil Nadu State Transport Corporation, Employees, Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai 600 002.
+1cc to Mr.J.Pradeep, Advocate sr.21960 +1cc to Mr.P.Paramasivadoss, Advocate sr.22340 W.P.No.12938 of 2016 lrs(CO) srg(11/05/2016)