Madras High CourtWP/14688/2017disposed of

T.Jayakumar (79 Th 1006753) v. The Managing Director

2017-06-13Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.06.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.Nos.14688 to 14698 of 2017 T.Jayakumar ..

Petitioner in W.P.No.14688 of 2017 C.Jayaraj ..

Petitioner in W.P.No.14689 of 2017 K.Bharathi ..

Petitioner in W.P.No.14690 of 2017 C.Arumugam ..

Petitioner in W.P.No.14691 of 2017 N.Kulandaivelu ..

Petitioner in W.P.No.14692 of 2017 P.Easwaramoorthy ..

Petitioner in W.P.No.14693 of 2017 P.N.Bojarajan ..

Petitioner in W.P.No.14694 of 2017 R.Lakshmanan ..

Petitioner in W.P.No.14695 of 2017 N.Rajendran ..

Petitioner in W.P.No.14696 of 2017 R.Ponnusamy ..

Petitioner in W.P.No.14697 of 2017 K.Vellingiri ..

Petitioner in W.P.No.14698 of 2017 -vsThe Managing Director Tamil Nadu State Transport Corporation (CBE) Ltd., 37, Mettupalayam Road Coimbatore 641 043 .. Respondent in all the writ petitions Petitions under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondent herein to pay the petitioners their retirement benefits with interest to the petitioners as per their representations made to the respondent on 8.2.2017, 15.2.2017, 20.2.2017, 12.2.2017, 22.2.2017, 22.2.2017, 25.1.2017, 20.2.2017, 20.2.2017, 22.2.2017, 1.2.2017 respectively. For Petitioners :: Mr.S.Balasubramanian For Respondent :: Mr.P.Kannankumar

ORDER

The petitioners, having retired from service as Tradesman/Senior Checking Inspector/Security Sergeant/Special Grade Driver/Traffic Manager/Special Grade Checking Inspector (Grade-I)/Traffic Inspector in the respondent Corporation on 30.6.2016, 31.7.2013, 31.1.2012, 31.12.2016, 31.7.2011, 31.12.2016, 29.2.2016, 30.4.2012, 31.3.2012, 30.9.2011,

29.2.2016 respectively, have filed these writ petitions seeking a direction to the respondent to settle all the retirement benefits payable to them, namely, Gratuity, provident fund, leave surrender salary, dearness allowance, etc., as prayed for in their representations, with interest.

2. Mr.P.Kannankumar, learned standing counsel for the Transport Corporation submitted that since there has been a direction issued by the Hon'ble Division Bench in W.A.(MD) Nos.383 to 457 of 2015 dated 12.6.2015 directing the Corporation to disburse all the retirement benefits in twelve equal monthly instalments with 6% interest per annum, a similar direction may be issued in these writ petitions also.

3. This Court, recording the statement made by the learned standing counsel for the respondent, taking note 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) directing the respondent to settle all the retirement benefits in twelve equal monthly instalments with 6% interest per annum, hereby directs the respondent to settle the entire retirement benefits due and payable to the petitioners through twelve equal monthly instalments carrying interest of 6% p.a., by considering their representations. The instalments should commence from July, 2017 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 petitioners for such non-payment of the instalments. With this direction, the writ petitions are disposed of accordingly. No costs.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar ss

1. The Managing Director Tamil Nadu State Transport Corporation (CBE) Ltd., 37, Mettupalayam Road Coimbatore 641 043 +1cc to Mr.P.Kannankumar , Advocate, S.R.No.42462 +11ccs to Mr.S.Balasubramanian, Advocate, S.R.No.41829 (10/07/17) W.P.Nos.14688 to 14698 of 2017 MG(CO) CS/29/06/17