V. Muralikrishnan v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.04.2016
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.13504 of 2016 V.Muralikrishnan ..
Petitioner -vs1.The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Limited, Vazhuthareddy, Villupuram - 605 602.
2. The General Manager Tamil Nadu State Transport Corporation (Villupuram) Limited, Kancheepuram Region, Kancheepuram.
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 settle the petitioner's retirement benefits including leave salary, gratuity, commutation, dearness allowance arrears and previous leave surrender for the month of May 2014 etc. with interest at the rate of not less than 12% per annum payable from the date of retirement and consequently directing the respondents to pay interest at the rate of 12% per annum for the belated settlement of retirement benefits to the petitioner payable from the date of retirement i.e. 31.05.2015 to till date of actual payment to the petitioner within the time that may be stipulated by this Court.
For Petitioner ::
Mr.M.Selvam For Respondents ::
Mr.S.Sairaman
ORDER
The petitioner has filed this writ petition for issuance of a Writ of Mandamus, directing the respondents to settle the petitioner's retirement benefits including leave salary, gratuity, commutation, dearness allowance arrears and previous leave surrender for the month of May 2014 etc. with interest at the rate of not less than 12% per annum payable from the date of retirement and consequently directing the respondents to pay interest at the rate of 12% per annum for the belated settlement of retirement benefits to the petitioner payable from the date of retirement i.e. 31.05.2015 to till date of actual payment to the petitioner within the time that may be stipulated by this Court.
2. Heard the learned counsel for the petitioner. Mr.S.Sairaman, learned counsel takes notice on behalf of the respondents.
3. The petitioner joined the service in the Tamil Nadu State Transport Corporation Ltd., Vellore as an Junior Assistant Trainee on 05.09.1984 and retired as a Senior Superintendent on 31.05.2015 while working in the Legal Section of the second respondent Corporation. Now the grievance of the petitioner is that his retirement benefits, namely, gratuity, commutation, leave surrender for 240 days, leave surrender May 2014 and D.A. arrears, 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 12% 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. -s/dAssistant Registrar True Copy Sub-Assistant Registrar
To 1.The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Limited, Vazhuthareddy, Villupuram - 605 602.
2. The General Manager Tamil Nadu State Transport Corporation (Villupuram) Limited, Kancheepuram Region, Kancheepuram.
3. The Administrator Tamil Nadu State Transport Corporation, Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai 600 002.
+1 cc to Mr.S.Sairam Advocate sr.23246 +1 cc to M/s.M.Selvam Advocate sr.22838 W.P.No.13504 of 2016 aa06/05/2016