P.T.Natarajan, 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 WP.No.18402 of 2016 P.T.Natarajan ..
Petitioner
Versus
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, Villupuram Region, Villupuram.
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 the issuance of a Writ of mandamus directing the respondents to settle the petitioner's retirement benefits including Leave Salary, Gratuity, Commutation, Dearness Allowance arrears and previous Leave surrender etc., 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., 31.01.2015 to till date of actual payment to the petitioner within the time may be stipulated by this Court.
For petitioner ...
Mr.T.Pappaiah Dharmarajan For Respondents ... Mr.S.Sairaman
ORDER
Heard the learned counsel appearing for the petitioner Mr.T.Pappaiah Dharmarajan 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.
The petitioner has filed the above writ petition seeking for a direction to the respondents to settle the petitioner's retirement benefits such as Leave Salary, Gratuity, Commutation, Dearness Allowance arrears and previous Leave surrender etc., 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., 31.01.2015 to till date of actual payment to the petitioner. The petitioner joined as Junior Assistant in the year on 28.12.
1984 in the Tamil Nadu Goods Transport Corporation Limited and then transferred and posted to Tamil Nadu State Transport Corporation Limited, Villupuram and then Thanthai Periyar Transport Corporation and retired as Senior Superintendent on 31.01.2015 on attaining the age of superannuation. Now, the grievance of the petitioner is, his retirement benefits, namely, Leave Salary, Gratuity, Commutation, Dearness Allowance arrears and previous Leave surrender etc., with interest at the rate of not less than 18% per annum payable from the date of retirement and the interest at the rate of 18% per annum for the belated settlement of retirement benefits from the date of retirement i.e., 31.01.2015 to till date of actual payment have not been till date settled by the respondents.
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/- Assistant Registrar(J)/VO //True Copy// Sub Assistant Registrar dn/AP 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, Villupuram Region, Villupuram.
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.S.Sairaman, Advocate, sr.28763 1 cc to Mr.T.Pappaiah Dharmarajan, Advocate, sr. 28746 WP.No.18402 of 2016 ksj co kra 27.05.2016