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Madras High CourtWP/11715/2017allowed

V.Srinivasan, Staff No.13723 v. The Government Of Tamilnadu

2017-05-05Honourable Mr Justice V. Parthiban4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Date:05.05.2017

CORAM

THE HONOURABLE THIRU JUSTICE V. PARTHIBAN W.P.No.11715 of 2017 V.Srinivasan .... Petitioner vs

1. The Government of Tamil Nadu, Rep.by its Secretary, Transport Department, Secetariat, Fort St.George, Chennai - 600 009.

2. The Managing Director, Corporation (Villupuram) Ltd., Vazuthareddy - Post, Villupuram - 605 602.

3. The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Limited, Kancheepuram Region, Kancheepuram.

3. The Adminstrator, Tamil Nadu State Transport Corporation, Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar house, Pallavan Salai, Chennai - 600 002.

.... Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution, praying for the issuance of Writ of Mandamus to direct the the respondents to settle the petitioner's retirement benefits including Gratuity Commutation RBS Arrears IRT amount DA arrears, Settlement Arrears and Employees Welfare fund amount with interest at the rate of not less than 18% per annum payable from the date of retirement and consequently directing the respondents to pay interest at the rate of 18% per annum for the belated settlement of retirement benefits to the petitioner payable from the date of retirement i.e. 30.11.2016 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.V.Jayaprakash Narayanan Spl.Government Pleader for R1 Mr.P.Karunakar for R2 to R4

ORDER

The petitioner has approached this Court, seeking the following relief:

"To issue Writ of Mandamus to direct the Respondents to settle the retirement benefit including Gratuity Commutation RBS Arrears IRT amount DA arrears Settlement Arrears and Employees Welfare fund amount with interest at the rate of not less than 18% per annum payable from the date of retirement and consequently directing the respondents to pay interest at the rate of 18% per annum for the belated settlement of retirement benefits to the petitioner payable from the date of retirement i.e. 30.11.2016 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.V.Jayaprakash Narayan, learned Spl.Government Pleader takes notice on behalf of the first respondent and Mr.P.Karunakar learned counsel takes notice for the second respondent.

3. According to the petitioner, he joined the service of Pallavan Transport Corporation Limited, Chennai as a Conductor on 10.12.1982 at Tambaram Depot and he retired from Service on 30.11.2016 as Checking Inspector, on reaching the age of superannuation. Now the grievance of the petitioner is that his retirement benefits, namely, gratuity, dearness allowance arrears and encashment of unearned leave on private affairs etc., have not been settled till date by the respondents.

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 12.6.2015 (K.Rajendran and others vs. 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 2 and 3 to settle the entire terminal benefits due and payable to the petitioner through twelve equal monthly instalments carrying interest of 6% p.a. The instalment should commence from June, 2016 and each of the

instalment should be paid on or before 7th of every 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. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar Suk To

1. The Secretary to The Government of Tamil Nadu, Transport Department, Secretariat, Fort St.George, Chennai - 600 009.

2. The Managing Director, Corporation (Vilupuram) Limited., Valuthareddy - Post, Villupuram - 605 602.

3. The General Manager, Tamil Nadu State Transport Corporation (Vilupuram) Limited, Kancheepuram Region, Kancheepuram.

4. The Adminstrator, Corporation, Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar house, Pallavan Salai, Chennai - 600 002.

+1cc to Mr.M.Selvam, Advocate, S.R.No.36849.

+1cc to Mr.A.Antony Arockiaraja, Advocate, S.R.No.36829 W.P.No.11229 of 2017 GJ(CO) CS/18/05/17