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Madras High CourtWP/14355/2016disposed of

P.Rasiappan v. The Managing Director

2016-04-20Honourable Mr Justice T.Raja2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.04.2016

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.NO.14355 OF 2016 P.Rasiappan ..

Petitioner -vs1.The Managing Director Tamil Nadu State Transport Corporation (Salem) Limited No.12, Ramakrishna Road, Salem - 636 007.

2.The Administrator Tamil Nadu State Transport Corporation (Salem) Limited Employees Post Retirement Welfare Fund Scheme Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.

..

Respondents PRAYER: Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents to settle all the terminal benefits due and payable to the petitioner with interest at 12% per annum with effect from 31.08.2013 within the time stipulated by this Court. For Petitioner - Mr.A.Selvaraju For RespondentsMr.R.K.Gandhi

O R D E R

The petitioner, Mr.P.Rasiappan, has filed this writ petition for issuance of a writ of mandamus directing the respondents to settle all the terminal benefits due and payable to him with interest at 12% per annum with effect from 31.08.2013 within the time that may be stipulated by this Court.

2.Heard the learned counsel for the petitioner. Mr.R.K.Gandhi, learned counsel takes notice on behalf of the respondents.

3.The petitioner joined as Junior Assistant in the year 1982 in the first respondent Transport Corporation and retired as Senior Assistant on 31.08.2013, while working in the Head Office Training Centre of the first respondent Corporation, on reaching the age of superannuation. Now the grievance of the petitioner https://hcservices.ecourts.gov.in/hcservices/

is that his retirement benefits, namely, gratuity and encashment of earned leave etc., have not been till date settled 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 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. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To 1.The Managing Director Tamil Nadu State Transport Corporation (Salem) Limited No.12, Ramakrishna Road, Salem - 636 007.

2.The Administrator Tamil Nadu State Transport Corporation (Salem) Limited Employees Post Retirement Welfare Fund Scheme Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.

+1cc to Mr.A.Selvaraju, Advocate Sr.24418 +1cc to Mr.R.K.Gandhi, Advocate sr.24613 W.P.NO.14355 OF 2016 ev[co] srg 03/05/2016 https://hcservices.ecourts.gov.in/hcservices/