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Madras High CourtWP/13566/2016disposed of

Mr.P.Sathiyanarayanan, v. The Government Of Tamilnadu,

2016-04-12Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.04.2016

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.13566 of 2016 P.Sathiyanarayanan ..

Petitioner -vs1.The Government of Tamil Nadu, rep. by its Principal Secretary, Transport Department, Secretariat, Fort St. George, Chennai-600 009.

2.The Managing Director, Tamil Nadu State Transport Corporation (VPM) Ltd., 3/137, Salamedu, Valuthareddy - Post, Villupuram - 605 602.

3.The Financial Advisor and Chief Accounts Officer, Tamil Nadu State Transport Corporation (VPM) Ltd., 3/137, Salamedu, Valuthareddy - Post, Villupuram - 605 602.

4.The Administrator, Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House, Pallanvan Salai, Chennai-600 002.

..

Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing respondents 2 to 4 to settle the petitioner's retirement benefits such as gratuity amount, commuted value of pension, pension DA arrears amount and PF amount (from PTC) after duly taken into account the enhanced dearness allowance and settlement benefits with 18% interest on delayed payment to the petitioner from 31.03.2014 the date of retirement to till the date of settlement of the terminal benefits to the petitioner by

following the order passed in W.A. (MD) Nos.383 to 457 of 2015 dated 12.06.2015.

For Petitioner ::

Mr.V.S.Jagadeesan For Respondents ::

Mr.K.J.Sivakumar, Government Advocate for R1 Mr.P.Kannan Kumar for R2 to R4

ORDER

The petitioner has filed this writ petition for issuance of a writ of mandamus, directing respondents 2 to 4 to settle the petitioner's retirement benefits such as gratuity amount, commuted value of pension, pension DA arrears amount and PF amount (from PTC) after duly taken into account the enhanced dearness allowance and settlement benefits with 18% interest on delayed payment to the petitioner from 31.03.2014 the date of retirement to till the date of settlement of the terminal benefits to the petitioner by following the order passed in W.A. (MD) Nos.383 to 457 of 2015 dated 12.06.2015.

2. Heard the learned counsel appearing for the petitioner, Mr.K.J.Sivakumar, learned Government Advocate appearing for R1 and Mr.P.Kannan Kumar, learned Standing counsel appearing for R2 to R4.

3. The petitioner joined as a Conductor in the erstwhile Pallavan Transport Corporation Ltd. on 24.05.1983 and he was retired from service on 31.05.2014 on attaining the age of superannuation while working in the second respondent Corporation. Now the grievance of the petitioner is that his retirement benefits, namely, gratuity, commuted value of pension, PF amount and pension 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 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. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar To 1.The Government of Tamil Nadu, rep. by its Principal Secretary, Transport Department, Secretariat, Fort St. George, Chennai-600 009.

2.The Managing Director, Tamil Nadu State Transport Corporation (VPM) Ltd., 3/137, Salamedu, Valuthareddy - Post, Villupuram - 605 602.

3.The Financial Advisor and Chief Accounts Officer, Tamil Nadu State Transport Corporation (VPM) Ltd., 3/137, Salamedu, Valuthareddy - Post, Villupuram - 605 602.

4.The Administrator, Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House, Pallanvan Salai, Chennai-600 002.

+1 cc to M/s.V.S.Jagadeesan Advocate sr.22887 +1 cc to P.Kannan Kumar Advocate sr.23048 W.P.No.13566 of 2016 aa04/05/2016