A.Ganesan, S/O.K.Aran v. The Managing Director,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :: 13.7.2016

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.Nos.24058 and 24059 of 2016 Mr.A.Ganesan ...

Petitioner in W.P.No.24058 of 2016 Mr.M.Mahendran ...

Petitioner in W.P.No.24059 of 2016 versus The Managing Director, Tamil Nadu State Transport Corporation (Salem) Ltd No.12 Ramakrishna Road Salem- 636 007.

...

Respondent in both Writ Petitions Writ Petitions filed under Art.226 of the Constitution of India praying for a Writ of Mandamus directing the respondent to pay the retirement benefits such as Provident Fund, Gratuity, Labour Welfare Fund, IRT Share, the benefits of Earned and Unearned Leave, Medical Leave benefit and other retirement benefits payable to the petitioners with interest at the rate of 12% from 31.03.2016, the date of retirement.

For petitioner in both Writ Petitions ...

Mr.A.Nagarathinam For respondent in both Writ Petitions ...

Mr.R.K.Gandhi Standing Counsel C O M M O N O R D E R Heard Mr.A.Nagarathinam, learned counsel appearing for the petitioner in both Writ Petitions and Mr.R.K.Gandhi, learned Standing Counsel, accepting notice on behalf of respondent in both Writ Petitions. With the consent of the learned counsel on either side, these Writ Petitions are taken up for final disposal.

2. The petitioners are employees of the respondent/Transport Corporation and have attained the age of superannuation and retired from services. However, their pensionary benefits have not been settled and therefore, the petitioners have approached this Court and filed the present Writ Petitions. https://hcservices.ecourts.gov.in/hcservices/

3. It is brought to the notice of this Court by the learned counsel appearing on either side that this Court has considered a similar Writ Petition, and following the order passed by the Hon'ble Division Bench in the case of K.Rajendran and others vs. The Tamil Nadu State Transport Corporation (Madurai) Ltd. represented by its Managing Director, Madurai and others), dated 12.6.2015, issued directions to the respondent Corporation to settle the entire terminal benefits due and payable to the petitioner in twelve equal installments, carrying interest @ 6% p.a.

4. In the light of the said order, this Writ Petitions are disposed of with a direction to the respondent/Corporation to settle the entire terminal benefits due and payable to the petitioners in twelve equal installments, carrying interest @ 6% p.a. First of such installments shall commence from August 2016. All the payments shall be paid on 7th of each month. In the event of delay in payment of any one of the installments, the same shall be payable along with interest at 18% p.a., for the delayed payment, and leaving it open to the petitioners to invoke other remedies available to them in the event of such non payment of installments.

5 . These Writ Petitions stand disposed of as indicated above. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar r n s To The Managing Director, Tamil Nadu State Transport Corporation (Salem) Ltd No.12 Ramakrishna Road Salem- 636 007.

1 cc to M/s. A. Nagarathinam, Advocate Sr.39251 W.P.Nos.24058 and 24059 of 2016 RP(CO) EU 29.7.16 https://hcservices.ecourts.gov.in/hcservices/