V.Selvaraj, S/O.K.Veeran, v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.04.2017
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.11030 of 2017
1. V.Selvaraj
2. P.Jayaraman
3. V.Panneerselvam
4. S.Veeravagu Moorthy
5. P.Navanethakrishnan
6. M.Padmanaban .. Petitioners -vs1.The Managing Director, State Express Transport Corporation (Tamilnadu) Ltd., Pallavan Salai, Chennai - 600 002.
2.The Administrator, Tamil Nadu State Transportation Corporation Employees Pension Fund, Pallavan Salai, Chennai - 600 002.
.. Respondents Petition is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents to settle the terminal benefits of the petitioners like Gratuity amount, Commutation, Leave Salary, Settlement arrears in salary and pension Arrears payable by the respondents accordingly with 12% interest from the date of retirement to the date of payments.
For Petitioner ::
Mr.S.T.Varadarajulu For Respondents :: Mr.A.Antony Arockiaraja, TNSTC
ORDER
The petitioners, having retired from service as Selection Grade Superintendent / Checking Inspector / Driving Instructor / SR ST Helper / Selection Grade Senior Assistant respectively in the respondent Corporation on 30.04.2016, 30.04.2011, 30.4.2012, 30.07.2016, 31.09.2014, 31.12.2016 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, with interest at 18% per annum. 2.Mr.A.Antony Arockiaraja, learned Standing Counsel appearing 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 this writ petition 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 petitioner 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 petitioner for such non-payment of the instalments. With this direction, the writ petition is disposed of accordingly. No costs.
Sd/- Asst.Registrar (CS VI) /true copy/ Sub Asst. Registrar vga To 1.The Managing Director, State Express Transport Corporation (Tamilnadu) Ltd., Pallavan Salai, Chennai - 600 002.
2.The Administrator, Tamil Nadu State Transportation Corporation Employees Pension Fund, Pallavan Salai, Chennai - 600 002.
+1cc to Mr.A.Antony Arokiaraja,Advocate sr.26061 +1cc to Mr.S.T.Varadarajulu,Advocate sr.36463 W.P.No.11030 of 2017 sj(co) ss(11/5/2017)