V.Govindaswamy, Staff No.60856 v. The Managing Director,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.05.2016 C O R A M THE HON'BLE Mr.JUSTICE M.V.MURALIDARAN W.P.No.18386 of 2016 V.Govindaswamy ... Petitioner

Versus

1.The Managing Director Tamil Nadu State Transport Corporation [Villupuram] Limited Vazhuthareddy, Villupuram 605602.

2.The General Manager Tamil Nadu State Transport Corporation [Villupuram] Limited Kancheepuram Region Kancheepuram 631552.

... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of mandamus directing the respondents to settle the petitioner's retirement benefits including gratuity and other benefits with interest at the rate of not less than 18% per annum payable from the date of retirement and consequently directing the respondents to pay interest at the rate of 18% per annum for the belated settlement of retirement benefits to the petitioner payable from the date of retirement, i.e., 31.08.2013 to till the actual payment to the petitioner within the time that may be stipulated by this Court.

For petitioner :

Mr.T.Pappaiah Dharmarajan For Respondents : Mr.S.Sairaman

ORDER

Heard the learned counsel for the petitioner ; and Mr.S.Sairaman, learned counsel accepting notice for the respondents and with their consent, the writ petition is taken up for final disposal at the admission stage itself.

2.

The petitioner has filed the above writ petition seeking for a direction to the respondents to settle the petitioner's retirement benefits including gratuity and other benefits with interest at the rate of not less than 18% per annum payable from the date of retirement and consequently directing the respondents to pay interest at the rate of 18% per annum for the belated settlement of retirement benefits to the petitioner payable from the date of retirement, i.e., 31.08.2013 to till the actual payment to the petitioner.

3. The petitioner joined as Conductor in the year 1979 in the Pallavan Transport Corporation, District Wing in Central Depot, Chennai, and then transferred and posted to the Tamil Nadu State Transport Corporation, Villupuram Limited [the then Thanthai Periyar Transport Corporation Limited] and retired as Special Grade Conductor on 31.08.2013 on attaining the age of superannuation. Now, the grievance of the petitioner is, his retirement benefits, namely, gratuity and other benefits 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 Hon'ble Division Bench Judgment in WA [MD] Nos.383 to 457 of 2015 dated 12.06.2015 [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 at 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% per annum for the delayed period apart from any other remedy which may be available to the petitioner for such non-payment. No costs.

Sd/- Vacation Officer //True Copy// Sub Assistant Registrar AP

To 1.The Managing Director Tamil Nadu State Transport Corporation [Villupuram] Limited Vazhuthareddy, Villupuram 605602.

2.The General Manager Tamil Nadu State Transport Corporation [Villupuram] Limited Kancheepuram Region Kancheepuram 631552.

+1cc to Mr.S.Sairaman, Advocate, S.R.No.28764 +1cc to Mr.T.Pappaiah Dharmarajan, Advocate, S.R.No.28745 W.P.No.18386 of 2016 PUR(CO) CA(30/05/2016)