R.Veeramani, Staff No.Cr5192, v. The Managing Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.10.2016
CORAM
THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.35788 of 2016 R.Veeramani, Staff No.CR5192 ... Petitioner Vs.
1 The Managing Director Tamil Nadu State Transport Corporation (Salem) Limited No.12, Ramakrishnan Road, Salem - 636 007.
2 The General Manager Tamil Nadu State Transport Corporation (Salem) Limited Dharmapuri Region, Bharathipuram Dharmapuri.
3 The Administrator Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to settle the petitioner's retirement benefits including Gratuity, Commutation, Pension arrears, Surrender Leave (EL & ML) 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 voluntary retirement i.e. 30.09.2015 to till date of actual payment to the petitioner within the time that may be stipulated by this Honourable Court. For Petitioner : Mr.Durai Gunasekaran For Respondents : Mr.P.Paramasivadoss
O R D E R
By consent, the writ petition is taken up for final disposal. 2.The present writ petition has been filed seeking a Mandamus directing the respondents to settle the petitioner's retirement benefits including Gratuity, Commutation, Pension arrears, Surrender Leave (EL & ML) 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 voluntary retirement i.e.30.09.2015 to till date of actual payment to the petitioner within the time that may be stipulated by this Court.
3.It is the case of the petitioner that he joined in the respondent Corporation on 25.11.1987 and retired from service on 30.09.2015 under the Voluntary Retirement Scheme as Special Grade
Conductor. The petitioner was not paid the retirement benefits like Gratuity, Commutation, Pension arrears, Surrender Leave (EL & ML). Hence, the petitioner made oral representation dated 04.08.2016 to the respondents requesting to pay all the retirement benefits. 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.I have heard the learned counsel appearing for the petitioner and the learned counsel who takes notice for the respondents. 5.The issue involved in the present writ petition is squarely covered by the judgment of the Division Bench of the Madurai Bench of this Court dated 12.6.2015 made in W.A.(MD) Nos.383 to 457 of 2015 (K.Rajendran & Others vs. The Tamil Nadu State Transport Corporation (Madurai) Limited, rep. by its Managing Director, Madurai and others).
6.Following the said judgment, without going into the merits of the matter, the respondent is directed to disburse the aforementioned retiral benefits to the petitioner herein, in twelve equal monthly instalments, in the light of the common judgment passed by this
Court in W.A.(MD) Nos.383 to 457 of 2015 (K.Rajendran & Others vs. The Tamil Nadu State Transport Corporation (Madurai) Limited, rep. by its Managing Director, Madurai and others), dated 12.06.2015. It is also made clear that the first instalment shall commence from 01.01.2017. 7.With the above direction, the present writ petition is disposed of. No costs.
07.10.2016 pri Index: Yes/ No Internet: Yes/ No Note:
Issue order copy on 19.10.16.
To 1 The Managing Director Tamil Nadu State Transport Corporation (Salem) Limited No.12, Ramakrishnan Road, Salem - 636 007.
2 The General Manager Tamil Nadu State Transport Corporation (Salem) Limited Dharmapuri Region, Bharathipuram Dharmapuri.
3 The Administrator Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
R.SUBBIAH,J.
pri W.P.No.35788 of 2016 07.10.2016