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Madras High CourtWP/36078/2016disposed of

S.Dayalan, Staff No Ci-13748 v. The Managing Director

2016-10-17Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.10.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.36078 of 2016 S.Dayalan ... 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, Kancheepuram Region, Kancheepuram.

3. The Administrator, Tamil Nadu State Transport Corporation 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 including Gratuity, Commutation, RBS Amount, Settlement Arrears and IRT Amount and 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 from the belated settlement of retirement benefits to the petitioner payable from the date of retirement i.e. 30.04.2015 till date of actual payment to the petitioner, within the time that may be stipulated by this Court. For Petitioner : Mr.M.Selvam For Respondents :

Mr.S.Sairaman

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 the petitioner's retirement benefits including Gratuity, Commutation, RBS Amount, Settlement Arrears and IRT Amount and 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 from the belated settlement of retirement benefits to the petitioner payable from the date of retirement i.e. 30.04.2015 till date of actual payment to the petitioner, within the time that may be stipulated by this Court.

3. The petitioner joined as Conductor on 30.05.1983 in the then Pattukottai Alagiri Transport Corporation Limited, Vellore at Arani Depot and retired from service on 30.04.2015 as Senior Senior Checking Inspector in Tiruttani Depot on attaining the age of superannuation. The grievance of the petitioner is that though he retired from service long before, till date, he was not paid with the retirement benefits as stated above. In this regard, the petitioner submitted a representation dated 31.08.20161 before the respondents. However, till date, there was no response. Aggrieved against the same, the present Writ Petition has been filed.

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

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar tsi 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, Kancheepuram Region, Kancheepuram.

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

+1cc to Mr.M.Selvam, Advocate, S.R.No.58361 +1cc to Mr.S.Sairaman, Advocate, S.R.No.58588 W.P.No.36078 of 2016 KS(CO) CA(21/11/2016)