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Madras High CourtWP/11910/2017disposed of

S.Jayakumar v. The Managing Director

2017-06-01Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.06.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.11910 of 2017

1. S.Jayakumar

2. K.C.Janarthanam

3. E.Manokaran

4. U.Bose Pandian

5. E.Kannibabu

6. K.Subbaraj

7. C.Panneerselvam

8. K.Gajendran

9. G.Parasuraman 10.S.Kanniappan 11.K.Lakshmipathy 12.S.Gajendiran ..

Petitioners -vs1. The Managing Director Metropolitan Transport Corporation (Chennai) Ltd., Pallavan Salai Chennai 600 002

2. The Administrator Tamil Nadu State Transport Corporation Employees Pension Fund Pallavan Salai Chennai 600 002 ..

Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, to direct the respondents to settle the terminal benefits of the petitioners like Gratuity amount, Commutation, leave salary, settlement arrears in salary and pension arrears payable by the respondents accordingly with 12% interest from the date of retirement to the date of payment.

For Petitioners :: Mr.S.T.Varadarajulu For Respondents :: Mr.P.Kannankumar

ORDER

The petitioners, having retired from the services of the respondent Transport Corporation in the post of Junior Engineer/Driving Instructor/Checking Inspector/Senior Superintendent/Selection Grade Loadman, on reaching the age of superannuation on 31.10.2014, 30.9.2012, 31.3.2015, 31.10.2016, 30.4.2014, 31.1.2016, 31.5.2015, 31.12.2015, 31.10.2015, 28.2.2014, 31.8.2014 & 31.1.2014 respectively, have approached this Court seeking a mandamus to the respondents to settle the terminal benefits due and payable to them, namely, Gratuity, Commutation, leave salary, settlement arrears in salary and pension arrears payable by the respondents accordingly with 12% interest from the date of retirement to the date of payment.

2. Mr.P.Kannankumar, learned standing counsel for the Transport Corporation submitted that since there has been a direction issued by the Hon'ble Division Bench in W.A.(MD) Nos.383 to 457 of 2015 dated 12.6.2015 directing the Corporation to disburse all the retiral benefits in twelve equal monthly instalments with 6% interest per annum, a similar direction may be issued in this writ petition also.

3. This Court, recording the statement made by the learned standing counsel for the respondents, taking note 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) directing the respondents to settle all the retirement benefits in twelve equal monthly instalments with 6% interest per annum, hereby directs the respondents to settle the aforementioned retirement benefits due and payable to the petitioners through twelve equal monthly instalments carrying interest of 6% p.a. The instalments should commence from July, 2017 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 petitioners for such non-payment of the instalments. With this direction, the writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

To

1. The Managing Director Metropolitan Transport Corporation (Chennai) Ltd., Pallavan Salai Chennai 600 002

2. The Administrator Tamil Nadu State Transport Corporation Employees Pension Fund Pallavan Salai Chennai 600 002 +1 CC to Mr.S.T.Varadarajulu, Advocate sr 3938 +1 cC to Mr.S. Kannan Kumar, Advocate sr 40233 W.P.No.11910 of 2017 sp/9/6