S.Vedagiri v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.04.2016
CORAM:
THE HON'BLE MR. JUSTICE T.RAJA W.P.No.15194 of 2016 S.Vedagiri .. Petitioner Vs 1.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 (VPM) Ltd., 3/137, Salamedu, Valuthareddy Post, Villupuram - 605 602.
3.The Financial Advisor and Chief Accounts Officer, Tamil Nadu State Transport Corporation (VPM) Ltd., 3/137, Salamedu, Valuthareddy Post, Villupuram - 605 602.
4.The Administrator, Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
.. Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus to direct the respondents 2 to 4 to settle the petitioner's retirement benefits such as gratuity amount, commuted value of pension, reimbursement of medical college and engineering college amount, pension arrears amount and PF arrears amount after duly taken into account the enhanced dearness allowance and settlement benefits with 18% interest on delayed payment to the petitioner from 31.05.2014 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 R1 : Mr.R.Vijayakumar, AGP For R2 to R4 : Mr.S.Sairaman
O R D E R
By way of filing this writ petition, the petitioner seeks a direction to the respondent to settle all the terminal benefits due and payable to him with interest at 6% per annum with effect from 31.05.2014.
2. Heard the learned counsel for the petitioner. Mr.S.Sairam, learned counsel takes notice for the respondents 2 to 4.
3. The petitioner joined as Driver in the year 1992 in the respondent Transport Corporation and after rendering 22 years of unblemished service, retired from service on 31.05.2014. Now the grievance of the petitioner is that his retirement benefits, namely, gratuity, commutation, leave salary, 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 v. 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 respondent 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-VI) //True Copy// Sub Assistant Registrar
rkm To 1.The Principal Secretary, Transport Department, Secretariat, Fort St. George, Chennai - 600 009.
2.The Managing Director, Tamil Nadu State Transport Corporation (VPM) Ltd., 3/137, Salamedu, Valuthareddy Post, Villupuram - 605 602.
3.The Financial Advisor and Chief Accounts Officer, Tamil Nadu State Transport Corporation (VPM) Ltd., 3/137, Salamedu, Valuthareddy Post, Villupuram - 605 602.
4.The Administrator, Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
1 cc to M/s.V.S.Jagadeesan, Advocate, sr.25545 1 cc to Government Pleader, sr.25839 W.P.No.15194 of 2016 ak co kra 10.05.2016