J.Janakiraman, v. The Managing Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.10.2016
CORAM
THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.36730 of 2016 J.Janakiraman, Staff No.CR 1412 ... Petitioner Vs.
1 The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Limited, Vazhuthareddy, Villupuram - 605 602.
2 The General Manager Tamilnadu State Transport Corporation (Villupuram) Limited, Villupuram Region, Villupuram.
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, Leave Surrender (EL & ML), Settlement arrears, RBS amount and Pension arrears 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. 31.08.2014 to till date of actual payment to the petitioner within the time that may be stipulated by this Honourable Court.
For Petitioner : Mr.M.Selvam For Respondents : Mr.S.Sairaman
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, Leave Surrender (EL & ML), Settlement arrears, RBS amount and Pension arrears 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. 31.08.2014 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 Thanthai
Periyar Transport Corporation on 13.06.1984 and retired from service on 31.08.2014 as Special Grade Conductor. The petitioner was not paid the retirement benefits like Gratuity, Commutation, Leave Surrender (EL & ML), Settlement arrears, RBS amount and Pension arrears etc. Hence, the petitioner made representation dated 01.10.2016 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.
20.10.2016 pri Index: Yes/ No Internet: Yes/ No Note: Issue order copy on 7.11.16.
To 1 The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Limited, Vazhuthareddy, Villupuram - 605 602.
2 The General Manager Tamilnadu State Transport Corporation (Villupuram) Limited, Villupuram Region, Villupuram.
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.36730 of 2016 20.10.2016