Madras High CourtWP/16412/2016disposed of

R.Rajasundaram, v. The Managing Director

2016-04-29Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.04.2016

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.16412 of 2016 R.Rajasundaram ..

Petitioner -vs1.The Managing Director Vazhuthareddy, Villupuram - 605 602.

2. The General Manager Cuddalore Region, Cuddalore.

3. The Administrator 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 respondents to disburse the payments relating to gratuity, pension commutation, leave encashment (Earned Leave and Medical Leave) amount, 12(3) Settlement arrears and Pension arrears by calculating D.A. eligible, as per newly implemented scheme, with interest at 12% per annum with effect from 01.03.2015 within the stipulated time as may be fixed by this Court. For Petitioner ::

Mr.J.Pradeep For Respondents ::

Mr.R.K.Gandhi

ORDER

The petitioner has filed this writ petition for issuance of a Writ of Mandamus, directing the respondents to disburse the payments relating to gratuity, pension commutation, leave encashment (Earned Leave and Medical Leave) amount, 12(3) Settlement arrears and Pension arrears by calculating D.A.

eligible, as per newly implemented scheme, with interest at 12% per annum with effect from 01.03.2015 within the stipulated time as may be fixed by this Court.

2. Heard the learned counsel for the petitioner. Mr.R.K.Gandhi, learned Standing Counsel takes notice on behalf of the respondents.

3. The petitioner joined the service as a Daily Paid Security Guard in the Tamil Nadu State Transport Corporation (Villupuram) Ltd., Villupuram Region on 29.09.1983 and he was retired from service on 28.02.2015 while working as a Sec. Sergeant in the Establishment Section of the second respondent Corporation. Now the grievance of the petitioner is that his retirement benefits, namely, gratuity, pension commutation, leave encashment (Earned Leave and Medical Leave) amount, 12(3) Settlement arrears and Pension arrears, 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. Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar vga To 1.The Managing Director Vazhuthareddy, Villupuram - 605 602.

2. The General Manager Cuddalore Region, Cuddalore.

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

1 cc to Mr.J.Pradeep, Advocate, sr.27769 W.P.No.16412 of 2016 ug co kra 19.05.2016