Madras High CourtWP/15371/2016disposed of

G.Ramakrishnan, 64 Yrs, v. The State By : The General

2016-04-26Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.04.2016

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.15371 of 2016 G.Ramakrishnan ..

Petitioner -vs1.The State by The General Manager, The Tamil Nadu State Transport Corporation (Villupuram) Limited, Kanchipuram Region, Kanchipuram.

2.The Managing Director, The Tamil Nadu State Transport Corporation (Villupuram) Limited, Villupuram - 605 602.

3.The Manager, The Tamil Nadu State Transport Corporation, Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai-600 002.

Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the 1st respondent to consider the petitioner's representation dated 14.03.2016 in respect of settlement of his retirement benefits including leave salary, gratuity, arrears and all other benefits etc. with the interest of 12% per annum from the date of his superannuation on 30.06.2013.

For Petitioner ::

Mr.C.Chokkalingam For Respondents ::

Mr.S.Sairaman

ORDER

The petitioner has filed this writ petition for issuance of a writ of mandamus, directing the 1st respondent to consider the petitioner's representation dated 14.03.2016 in respect of settlement of his retirement benefits including leave salary, gratuity, arrears and all other benefits etc. with the interest of 12% per annum from the date of his superannuation on 30.06.2013.

2. Heard the learned counsel appearing for the petitioner. Mr.S.Sairaman, learned Standing counsel takes notice on behalf of the respondents.

3. The petitioner joined as a Bus Conductor in the respondent Corporation on 04.10.1988 and he was retired from service on 30.06.2013 on attaining the age of superannuation. Now the grievance of the petitioner is that his retirement benefits, namely, leave salary, gratuity, arrears and all other benefits etc., have not been till date settled by the respondents.

4. Since the issue is squarely covered by 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 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 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. vga s/d- Assistant Registrar(CS-VI) True Copy Sub-Assistant Registrar To 1.The State by The General Manager, The Tamil Nadu State Transport Corporation (Villupuram) Limited, Kanchipuram Region, Kanchipuram.

2.The Managing Director, The Tamil Nadu State Transport Corporation (Villupuram) Limited, Villupuram - 605 602.

3.The Manager, The Tamil Nadu State Transport Corporation, Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai-600 002.

+ 1 cc to Mr.C.Chokkalingam, Advocate SR 26705 rsy(co) prk31/5 W.P.No.15371 of 2016