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Madras High CourtWP/14694/2016disposed of

R.Loganathan, v. Tamilnadu State Transport

2016-04-21Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.04.2016

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.14694 of 2016 R.Loganathan

...Petitioner

.Vs.

1 Tamilnadu State Transport Corporation (Villupuram) Ltd., rep. by its Managing Director, Vazhuthareddy, Villupuram.

2 The General Manager, Tamilnadu State Transport Corporation (Villupuram) Ltd., Vellore Region, Rangapuram, Vellore-9.

3 Tamilnadu State Transport Corporations Employees Pension Trust Rep.by its Administrator, Thiruvalluvar Illam Anna Salai, Chennai-600 002.

...Respondents

Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to pay the petitioner forthwith the arrears of difference in salary as per the settlement for the period from 01.09.2013 to 30.06.2014, the difference in provident fund amount, a sum of Rs.7,38,715/- towards gratuity, a sum of Rs.3,15,252/- towards commuted value of pension and a sum of Rs.1,53,006/- towards encashment of the earned leave and the medical leave which was standing to his credit prior to 1998 to revise his monthly pension based on the salary payable to him as on the date of his retirement to be fixed as per the settlement with arrears from 01.07.2014 together with interest at the rate of 12% and to pay him the revised monthly pension as increased and revised from time to time, within a specified time.

For petitioner : Mr.R.Krishnaswamy For Respondents : Mr.S.Sairaman

ORDER

The petitioner, Mr.R.Loganathan, has filed this Writ Petition for issuance of a Writ of Mandamus, directing the respondents to pay the petitioner forthwith the arrears of difference in salary as per the settlement for the period from 01.09.2013 to 30.06.2014, the difference in provident fund amount, a sum of Rs.7,38,715/- towards gratuity, a sum of Rs.3,15,252/- towards commuted value of pension and a sum of Rs.1,53,006/- towards encashment of the earned leave and the medical leave, which was standing to his credit prior to 1998 to revise his monthly pension based on the salary payable to him as on the date of his retirement to be fixed as per the settlement with arrears from 01.07.2014 together with interest at the rate of 12% and to pay him the revised monthly pension as increased and revised from time to time, within a specified time.

2.Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents. 3.The petitioner joined as Conductor on 30.05.1979 and retired from service as Traffic Inspector on 30.06.2014. Now, the grievance of the petitioner is that his retirement benefits, namely, the arrears of difference in salary as per the settlement for the period from 01.09.2013 to 30.06.2014, the difference in provident fund amount, a sum of Rs.7,38,715/- towards gratuity, a sum of Rs.3,15,252/- towards commuted value of pension and a sum of Rs.1,53,006/- towards encashment of the earned leave and the medical leave, which was standing to his credit prior to 1998 to revise his monthly pension, based on the salary payable to him, as on the date of his retirement to be fixed as per the settlement with arrears from 01.07.

2014 together with interest at the rate of 12% and to pay him the revised monthly pension as increased and revised from time to time, 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 12.06.2015 (K.Rajendran and others v.

twelve equal monthly instalments carrying interest of 6% p.a. The instalments should commence from June, 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-II) //True Copy// Sub Assistant Registrar To 1 The Managing Director, Tamilnadu State Transport Corporation (Villupuram) Ltd., Vazhuthareddy, Villupuram.

2 The General Manager, Tamilnadu State Transport Corporation (Villupuram) Ltd., Vellore Region, Rangapuram, Vellore-9.

3 The Administrator, Tamilnadu State Transport Corporations Employees Pension Trust, Thiruvalluvar Illam, Anna Salai, Chennai-600 002.

+1cc to Mr.V.Ajoykhose, Advocate sr.24717 +1cc to S.Sairaman, Advocate sr.25108 W.P.No.14694 of 2016 nr(CO) srg (13.05.2016)