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Madras High CourtWP/30949/2016disposed of

S.Selvaraj, v. The Government Of Tamil Nadu,

2016-09-06Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.09.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.30949 of 2016 S.Selvaraj ... Petitioner vs.

1.The Government of Tamil Nadu, rep. by its Principal Secretary, Transport Department, Secretariat, Fort St. George, Chennai-9.

2.The Managing Director, Tamil Nadu State Transport Corporation (CBE) Ltd., Head Office, No.37, Mettupalayam Road, Coimbatore - 641 043.

3.The Administrator, Tamil Nadu State Transport Corporation, Pension Fund Truct, (Employees Post Retirement Welfare Fund Scheme), Thiruvalluvar House, Pallavan Salai, Chennai-2.

... Respondents Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondents to settle the petitioner's retirement benefits such as Gratuity, Provident Fund Amount, Leave Encashment (EL), Leave Encashment (ML-98), Settlement Arrears, Pension DA arrears and Social Security Scheme, DA arrears, Subscription Amount of Engineering College and Medical College and other eligible terminal benefits after duly taken into account the enhanced dearness allowance with interest of 18% on delayed payment to the petitioner from 30.4.2016, the date of retirement till the date of settlement of the terminal benefits to the petitioner by following the order passed in W.A. (MD) Nos.383 to 457 of 2015 dated 12.06.2015.

For Petitioner :Mr.V.S.Jagadeesan For Respondents:Mr.S.Sairaman for R2 and R3 Mr.S.Gunasekaran Additional Government Pleader for R1

ORDER

By consent, the main writ petition itself is taken up for final disposal.

2. The petitioner has come up with the present writ petition for a mandamus, directing the respondents to settle his retirement benefits such as Gratuity, Provident Fund Amount, Leave Encashment (EL), Leave Encashment (ML-98), Settlement Arrears, Pension DA arrears and Social Security Scheme, DA arrears, Subscription Amount of Engineering College and Medical College and other eligible terminal benefits after duly taken into account the enhanced dearness allowance with interest of 18% on delayed payment to the petitioner from 30.4.2016, the date of retirement till the date of settlement of the terminal benefits to the petitioner by following the order passed in W.A. (MD) Nos.383 to 457 of 2015 dated 12.06.2015.

3. It is the case of the petitioner that he was appointed to the post of Conductor in the respondent corporation on 20.1.1980 and after having rendered 36 years of service, he retired from service as Special Grade Checking Inspector, on attaining the age of superannuation on 30.4.2016. However, after retirement, the terminal benefits such as Gratuity, Provident Fund Amount, Leave Encashment (EL), Leave Encashment (ML-98), Settlement Arrears, Pension DA arrears and Social Security Scheme, DA arrears, Subscription Amount of Engineering College and Medical College and other eligible terminal benefits, were not settled to him. In this regard, he made a representation dated 7.7.2016 to the second respondent requesting him to pay the same. But, the same was not considered so far. Hence, left with no other alternative, the petitioner has come up with the present writ petition for the relief set out earlier.

4. Learned counsel appearing for the petitioner relied on the judgment of this Court passed in W.P.Nos.8445 to 8447 of 2016 dated: 7.3.2016 (T.Jeyabalan and 2 others vs. The Govt. of Tamilnadu rep. By its Principal Secretary, Transport Department, Fort St. George, Chennai).

5. I have heard the learned counsel appearing for the petitioner and the learned counsel, who has taken notice on behalf of the respondents.

6. Since the issue is squarely covered by the various orders passed by this Court, in the light 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 vs. The Tamil Nadu State Transport Corporation (Madurai) Ltd. represented by its Managing Director, Madurai and others), the writ petition is disposed of, with a direction to the second respondent to settle the entire terminal benefits due and payable to the petitioner through 12 equal monthly instalments carrying interest of 6% per annum. The instalments should commence from 1.12.2016 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% 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. No costs. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar To 1.The Principal Secretary, Government of Tamil Nadu, Transport Department, Secretariat, Fort St. George, Chennai-9.

2.The Managing Director, Tamil Nadu State Transport Corporation (CBE) Ltd., Head Office, No.37, Mettupalayam Road, Coimbatore - 641 043.

3.The Administrator, Tamil Nadu State Transport Corporation, Pension Fund Trust (Employees Post Retirement Welfare Fund Scheme), Thiruvalluvar House, Pallavan Salai, Chennai-2.

+1cc to Mr.V.S.Jagadeesan, Advocate Sr.50289 +1cc to the Government Pleader Sr.50561 W.P.No.30949 of 2016 ala[co] srg 27/09/2016