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Madras High CourtWP/1126/2017disposed of

R.Murugesan v. The General Manager

2017-04-11Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.04.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA Writ Petition No.1126 of 2017 R.Murugesan .. petitioner vs

1. The General Manager, TamilNadu State Transport Corporation limited(Coimbatore), Erode Regional Office, Chennimalai Road, Erode.

2. The Administrator, TamilNadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme, Tiruvalluvar House, Pallavan salai.

Chennai-600 002.

.. Respondents Writ Petition filed under Article 226 of Constitution of India, praying for issuance of writ of Mandamus to direct the respondents to disburse the payments relating to Provident Fund, Gratuity, Family Welfare Fund, ERBS Pension, ERBS Pension arrears, pension arrears, surrender leave salary i.e., earned leave balance as on 31.08.2014, balance dearness allowance arrear for salary, pension dearness allowance arrear, surrender medical leave salary up to 01.09.1998 which was already surrendered, IRTT amount by calculating D.A. eligible as per newly implemented scheme and other monetary benefits with interest at 12% per annum with effect from 01.09.2014 within stipulated time.

For Petitioner : Mr.C.Vasudevan For Respondents : Mr.P.Kannan Kumar

O R D E R

The petitioner has filed this writ petition for issuance of a writ of mandamus, to direct the respondents to disburse the payments relating to Provident Fund, Gratuity, Family Welfare Fund, ERBS Pension, ERBS Pension arrears, pension arrears, surrender leave salary i.e., earned leave balance as on 31.08.2014, balance dearness allowance arrear for salary, pension dearness allowance arrear, surrender medical leave salary up to 01.09.1998 which was already surrendered, IRTT amount by calculating D.A. eligible as per newly implemented scheme and other monetary benefits with interest at 12% per annum with effect from 01.09.2014 within stipulated time.

2. Heard the learned counsel appearing for the petitioner. Mr.P.Kannan Kumar, learned Standing counsel takes notice on behalf of the respondents.

3. The petitioner joined the service in the Tamil Nadu State Transport Corporation on 29.11.1985 and he was retired from service on 31.08.2014 while working as a Selection Grade Driver in the first respondent Corporation. Now the grievance of the petitioner is that his retirement benefits, namely, Provident Fund, Gratuity, Family Welfare Fund, ERBS Pension, ERBS Pension arrears, pension arrears, surrender leave salary i.e., earned leave balance as on 31.08.2014, balance dearness allowance arrear for salary, pension dearness allowance arrear, surrender medical leave salary up to 01.09.1998, IRTT amount by calculating D.A. eligible as per newly implemented scheme and other monetary benefits with interest at 12% per annum with effect from 01.09.2014, 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 installments carrying interest of 6% p.a. The installments should commence from 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 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 installments. No costs. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar dn To

1. The General Manager, TamilNadu State Transport Corporation limited(Coimbatore), Erode Regional Office, Chennimalai Road, Erode.

2.The Administrator, TamilNadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme, Tiruvalluvar House, Pallavan salai.

+1cc to Mr.I.C.Vasudevan, Advocate, S.R.No.22224 +1cc to Mr.p.Kannan kumar , Advocate, S.R.No.23028 W.P No.1126 of 2017 rv(co) rmp(10/05/17)