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Madras High CourtWP/15670/2016disposed of

M.Durai, Staff No.61533, v. The Managing Director,

2016-04-27Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.04.2016

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.15670 of 2016 M.Durai ... 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 631 552

3. The Administrator Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme Thiruvalluvar House, Pallavan Salai Chennai 600 002 ... Respondents 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 including leave salary, gratuity, commutation and dearness allowance arrears I.R.T., etc., 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., 30.6.2015 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

ORDER

Mr.M.Durai has filed this writ petition for issuance of a writ of mandamus directing the respondents to settle the petitioner's retirement benefits including leave salary, gratuity, commutation and dearness allowance arrears, I.R.T., etc., 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., 30.6.2015 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 Conductor in the year 1991 in the then Thanthai Periyar Transport Corporation Limited, Villupuram and retired as Special Grade Conductor on 30.6.2015 while working in the second respondent Corporation on reaching the age of superannuation. Now the grievance of the petitioner is that his retirement benefits, namely, gratuity, leave surrender, commutation and dearness allowance arrears etc., have not been settled till date by the respondents to him.

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 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. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar ss

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

3. The Administrator Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme Thiruvalluvar House, Pallavan Salai Chennai 600 002 +1cc to Mr.M.Selvam, Advocate, S.R.No.26377 +1cc to Mr.S.Sairaman, Advocate, S.R.No.26223 W.P.No.15670 of 2016 MP(CO) CA(06/05/2016)