M. Thirugnanam v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.04.2016

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.NO.14452 OF 2016 M.Thirugnanam ..

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.

..

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 the petitioner's retirement benefits like gratuity, dearness allowance arrears and encashment of unearned leave on private affairs 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., 30.11.2012 to till date of actual payment to the petitioner within the time that may be stipulated by this Hon'ble Court.

For Petitioner ::

Mr.M.Selvam For Respondents ::

Mr.S.Sairaman

O R D E R

The petitioner, M.Thirugnanam, has filed this writ petition for issuance of a writ of mandamus directing the respondents to settle the petitioner's retirement benefits like gratuity, dearness allowance arrears and encashment of unearned leave on private affairs 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., 30.11.2012 to till date of actual payment to the petitioner within the time that may be stipulated by this Hon'ble 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 as Junior Assistant in the year 1981 in the erstwhile Pallavan Transport Corporation (District Wing), Chennai and retired as Senior Superintendent on 30.11.2012, while working in the Commercial Section of the second respondent Corporation 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 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.

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.

+1 cc to Mr.M.Selvam Advocate sr.24305 +1 cc to Mr.S.Sairaman Advocate sr.25106 W.P.NO.14452 OF 2016 rsy(co) aa11/05/2016