Madras High CourtWP/26878/2016disposed of

E.Rajendran, v. The Managing Director,

2016-08-02Honourable Mr Justice T. S. Sivagnanam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.08.2016

CORAM

THE HONOURABLE Mr. JUSTICE T.S.SIVAGNANAM W.P.No.26878 of 2016 E.Rajendran, Staff No.DR1747 S/o.Irusapillai No.6, Thagam Theertha Pillayar Koil Street Chidambaram Taluk Cuddalore District - 608 001.

.. Petitioner ..Vs..

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 Cuddalore Region Cuddalore.

.. Respondents Prayer Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mamdamus directing the respondents to settle the petitioner's retirement benefits including Gratuity 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., 31.3.2013 to till date of actual payment to the petitioner with the time that may be stipulated by this Court. For Petitioner : Mr.M.Selvam For Respondents: Mr.S.Sairaman, for R1 & R2

ORDER

Heard Mr.M.Selvam, learned counsel appearing for the petitioner and Mr.S.Sairaman, learned counsel who has taken notice for the respondents 1 & 2. With the consent of either side, the writ petition itself is taken up for final disposal. 2.The petitioner was an employee of the respondent/Transport Corporation and has attained the age of superannuation and retired from service. However, pensionary benefits of the petitioner has not been settled and therefore, the petitioner has approached this Court and filed the present Writ Petition to consider his representation for grant of pension. 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 Petition is disposed of with a direction 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. First of such installments shall commence from September 2016. All the payments shall be paid on or before 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 petitioner to invoke other remedies available to him in the event of such non payment of installments.

5.The Writ Petition stand disposed of as indicated above. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar pgp

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 Cuddalore Region Cuddalore.

W.P.No.26878 of 2016 MP(CO) Eu 09/08/16