T.Ashok Kumar, v. The Principal Secretary To
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.04.2017
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.1583 of 2017 T.Ashok Kumar ..
Petitioner -vs1. The Principal Secretary to Government Transport Department Fort St.George Chennai 600 009
2. The Managing Director Metropolitan Transport Corporation (Chennai) Ltd., Pallavan Salai , Chennai 600 002
3. The Administrator Tamil Nadu State Transport Corporation Pension Fund Trust 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 2nd & 3rd respondents to disburse the retirement benefits viz. Earned Leave Surrender Salary Amount of Rs.1,70,800/- Pension Commutation Amount of Rs.3,60,000/- IRT Contribution Amount of Rs.4,500/- Gratuity different Amount of Rs.3,10,000/- Settlement Arrears Amount of Rs.1,30,000/- the total comes to Rs.9,75,300/- (Rupees Nine Lakhs Seventy Five Thousand and Three Hundred Only) with 18% interest on delayed payment to the petitioner the Senior Tradesman Staff No.T50803 who has retired from service on 31.01.2015.
For Petitioner :: Mr.D.Veerasekaran For Respondent 1 :: Mr.K.Venkataramani Additional Advocate General assisted by Mr.K.Dhananjayan Special Government Pleader for the State and Mr.P.Kannankumar for the Transport Corporation For Respondent 2 & 3 : Mr. P. Kannan Kumar
ORDER
The petitioner, having retired from service as Senior Tradesman in the respondent Corporation on 31.1.2015, has filed this writ petition seeking a direction to the respondents to settle all the retirement benefits payable to him, namely, Earned Leave Surrender Salary Amount of Rs.1,70,800/- Pension Commutation Amount of Rs.3,60,000/- IRT Contribution Amount of Rs.4,500/- Gratuity different Amount of Rs.3,10,000/- Settlement Arrears Amount of Rs.1,30,000/- the total comes to Rs.9,75,300/, with interest at 18% per annum.
2. Mr.K.Venkataramani, learned Additional Advocate General assisted by Mr.K.Dhananjayan, learned Special Government Pleader for the State and 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 retiral benefits in twelve equal monthly instalments with 6% interest per annum, a similar direction may be issued in this writ petition also.
3. This Court, recording the statement made by the learned Additional Advocate General for the respondents, 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 respondents to settle all the retirement benefits in twelve equal monthly instalments with 6% interest per annum, hereby directs the respondents to settle the entire retirement benefits due and payable to the petitioner through twelve equal monthly instalments carrying interest of 6% p.a. The instalments should commence from June, 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 petitioner for such non-payment of the instalments. With this direction, the writ petition is disposed of accordingly. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar
ss To
1. The Principal Secretary to Government Transport Department Fort St.George Chennai 600 009
2. The Managing Director Metropolitan Transport Corporation (Chennai) Ltd., Pallavan Salai, Chennai 600 002
3. The Administrator Tamil Nadu State Transport Corporation Pension Fund Trust Thiruvalluvar House, Pallavan Salai Chennai 600 002 +2cc to Mr.D. Veerasekaran, Advocate, S.R.No.19680 +2cc to Mr.P. Kannan Kumar, Advocate, S.R.No.20267 +1cc to the Government Pleader, S.R.No.20225 GJII(CO) md(18/04/2017) W.P.No.1583 of 2017