G.Venkatachalam v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.02.2016
CORAM:
THE HONOURABLE MR. JUSTICE T.RAJA W.P.No.3598 of 2016 G.Venkatachalam .. Petitioner Vs.
1. The Managing Director, Taml Nadu State Transport Corporation (Villupuram) Limited, Vazhuthareddy, Villupuram - 605602.
2. The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Limited, Rangapuram, Vellore Region, Vellore.
3. The Administrator, Tamil Nadu State Transport Corporation, Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002. ... Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to disburse the payments relating to Gratuity, Commutation, Settlement Arrears, by calculating D.A. Eligible as per newly implemented, with interest at 12% per annum with effect from 1.1.2015 within a stipulated time.
For petitioner : Mr.J.Pradeep For respondents : Mr.P.Paramasiva Doss
ORDER
Mr.P.Paramasiva Doss, learned counsel takes notice for the respondents.
2. The learned counsel for the petitioner would submit that the petitioner joined the service in the Tamil Nadu Staate Transport Corporation (Villupuram) Ltd., Vellore Region as
Conductor on 31.12.2014 and retired from service on 31.12.2014 on reaching the age of superannuation while he was working as Special Grade Conductor in the Tirupattur Depot of the second respondent Corporation. However, his retirement benefits, namely, Gratuity, Commutation, Settlement Arrears have not been settled and hence the present petition seeking for the relief as stated above.
3. Mr.P.Paramasiva Doss, learned counsel appearing for the respondents would submit that in a similar matter, on identical issue, by judgment dated 12.6.2015 in W.A.(MD) Nos.383 to 457 of 2015, a Division Bench of the Madurai Bench has allowed the respondents to settle the retirement benefits on twelve equal instalments. Based on the said decision, he would submit that the retirement benefits sought in this Writ Petition would be settled through twelve-equal instalments, carrying interest of 6% p.a.,.
4. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents and perused the materials available on record.
5. Considering the submissions made on either side, and following the Judgment of the Division Bench of Madurai Bench dated 12.6.2015 in W.A.(MD) Nos.383 to 457 of 2015, a direction is issued to the respondents to settle the terminal benefits sought in the Writ Petition due and payable to the petitioner in twelve equal monthly instalments carrying interest of 6% p.a.,. The payment of instalments should commence from March, 2016 and each instalments should be paid on or before 07th of each month. In case of any delay in making the payment of the instalments, the interest payable would be 18% p.a. for the delayed period apart from any other remedy which may be available to the petitioner for non-compliance of payment as per instalments.
6. The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar asvm
To
1. The Managing Director, Taml Nadu State Transport Corporation (Villupuram) Limited, Vazhuthareddy, Villupuram - 605602.
2. The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Limited, Rangapuram, Vellore Region, Vellore.
3. The Administrator, Tamil Nadu State Transport Corporation, Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
+1cc to Mr.J.Pradeep, Advocate, S.R.No.6210 W.P.No.3598 of 2016 SR(CO) CA(04/03/2016)