Rajendran.R(P.R.No.07253) v. Tamilnadu State Transport

IN THE HIGH COURT OF JUDICATUARE AT MADRAS

DATED: 22.03.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.6917/2017 R.Rajendran ..Petitioner -VsTamil Nadu State Transport Corporation Ltd., Rep. By its Managing Director, 37, Mettupalayam Road, Coimbatore-641 043.

..Respondent PRAYER : Writ petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondent to pay the petitioner all his retirement benefits including, Provident Fund, Gratuity, Leave Salary Amount and all other benefits with interest at the rate of 18% per annum within the time frame that may be stipulated by this Court and to grant him the interest at the rate of 18% per annum for the belated settlement of his eligible benefits from the date of retirement to till the date of settlement by the respondent within the time frame that may be stipulated by this Court.

For Petitioner : Mr.A.Rajendiran For Respondent : Mr.P.Kannan Kumar

ORDER

Mr.R.Ranjendran, has filed this writ petition seeking direction to the respondent to settle all his retirement benefits including, Provident Fund, Gratuity, Leave Salary Amount and all other benefits with interest at the rate of 18% per annum, and to grant him the interest at the rate of 18% per annum for the belated settlement of his eligible benefits from the date of retirement to till the date of settlement by the respondent within the time frame that may be stipulated by this Court

2.Mr.P.Kannan Kumar, learned counsel takes notice on behalf of the respondent.

3.The petitioner joined the services of the respondent Corporation as Conductor with effect from 16.04.1980. Lastly he worked as a Special Grade Conductor of the Respondent Corporation and retired from the service on superannuation with effect from 31.01.2017. However, he was not disbursed with the retirement benefits, namely Provident Fund, Gratuity, Leave Salary. Although, the respondent had paid the other pensionery benefits for which he has given a representation on 01.03.2017 but the same has not been considered, hence he has come forward with the present writ petition. 4.Since the issue is squarely covered by the 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 12.06.2015 (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 respondent to settle the entire retirement benefits due and payable to the petitioner through twelve equal monthly installments carrying interest of 6% p.a., by considering his pending representation. The installments should commence from first week of June, 2017, and each of the installments should be paid on or before 7th of each month. In case of any delay in the payment of the installments, the interest payable would become 6% p.a.

5.The writ petition stands disposed of with the above direction. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

KP To The Managing Director, Tamil Nadu State Transport Corporation Ltd., 37, Mettupalayam Road, Coimbatore-641 043.

+1cc to Mr.A. Rajentiran, Advocate, S.R.No.17671 +1cc to Mr.P. Kannan Kumar, Advocate, S.R.No.18200 msm(CO) md(24/04/2017) W.P.No.6917 of 2017