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Madras High CourtWP/14460/2016disposed of

Mr. I. Velumani v. The Government Of Tamil Nadu

2016-04-20Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.04.2016

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.NO.14460 OF 2016 I.Velumani ..

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 (CBE) Ltd., Head Office, No.37, Mettupalayam Road, Coimbatore - 641 043.

3.The Financial Advisor and Chief Accounts Officer Tamil Nadu State Transport Corporation (CBE) Ltd., Head Office, No.37, Mettupalayam Road, Coimbatore - 641 043.

..

Respondents PRAYER: Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents 2 and 3 to settle the petitioner's retirement benefits such as gratuity amount, Leave on private affairs, leave on encashment (EL) amount, arrears of leave surrender for 45 days (EL), Social Security Scheme, PF Arrears and other attendant benefits after duly taken into account the enhanced dearness allowance with 18% interest on delayed payment to the petitioner from 31.01.2015 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 Respondent -1 ::

Mr.K.J.Sivakumar Government Advocate For Respondents 2&3 ::

Mr.S.Sairaman

O R D E R

The petitioner, Mr.I.Velumani, has filed this writ petition for issuance of a writ of mandamus directing the respondents 2 and 3 to settle the petitioner's retirement benefits such as gratuity amount, Leave on private affairs, leave on encashment (EL) amount, arrears of leave surrender for 45 days (EL), Social Security Scheme, PF Arrears and other attendant benefits after duly taken into account the enhanced dearness allowance with 18% interest on delayed payment to the petitioner from 31.01.2015 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 for the petitioner. Mr.K.J.Sivakumar, learned Government Advocate takes notice on behalf of the first respondent and Mr.S.

Sairaman, learned counsel takes notice for the respondents 2 and 3. 3.The petitioner joined as Clerk in the year 1981 in the erstwhile Cheran Transport Corporation Ltd., Coimbatore and retired as Superintendent on 31.01.2015, 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 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 instalments should commence from May, 2016 and each of the instalments should be paid on or before 7th of each month.

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(CO) //True Copy// Sub Assistant Registrar To 1.The Principal Secretary Government of Tamil Nadu Transport Department Secretariat, Fort St. George, Chennai - 600 009.

2.The Managing Director Tamil Nadu State Transport Corporation (CBE) Ltd., Head Office, No.37, Mettupalayam Road, Coimbatore - 641 043.

3.The Financial Advisor and Chief Accounts Officer Tamil Nadu State Transport Corporation (CBE) Ltd., Head Office, No.37, Mettupalayam Road, Coimbatore - 641 043.

+1cc to Mr.S.Sairaman, Advocate sr.25104 +1cc to Mr.U.S.Jagadeesan, Advocate sr.24258 W.P.NO.14460 OF 2016 kji(CO) srg(02/05/2016)