S.Palaniappan, v. The Managing Director,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.02.2016

CORAM:

THE HONOURABLE MR. JUSTICE T.RAJA Writ Petition No.3877 of 2016 S.Palaniappan .. Petitioner vs.

The Managing Director, Tamilnadu State Transport Corporation (Salem) Ltd., 12, Ramakrishna Road, Salem - 636 007. .. Respondent Prayer:- Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent herein to pay the entire retirement benefits such as Gratuity, Commutation of Pension, Leave Surrender Pay, Family Welfare Fund, Provident Fund (Management Share), IRT Share etc., with interest at 18% per annum from the date of retirement till date of payment to the petitioner herein.

For petitioner : Mr.S.Balaji For respondent : Mr.R.K.Gandhi

ORDER

Mr.R.K.Gandhi, learned counsel takes notice for the respondent.

2. By consent, this Writ Petition is taken up for disposal at the admission stage itself.

3. The learned counsel for the petitioner would submit that the petitioner joined the service in the respondent Transport Corporation as Driver on 7.5.1985 and retired from service on 30.4.2015 on reaching the age of superannuation. However, his retirement benefits, namely, Gratuity, Commutation of Pension, Leave Surrender Pay, Family Welfare Fund, Provident Fund (Management Share), IRT Share etc., have not been settled and hence the present petition seeking for the relief as stated above.

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4. The learned counsel appearing for the respondent 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 respondent 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 twelveequal instalments, carrying interest of 6% p.a.,.

5. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent.

6. 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 respondent 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.

7. The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar To The Managing Director, Tamilnadu State Transport Corporation (Salem) Ltd., 12, Ramakrishna Road, Salem - 636 007.

+1cc to Mr.S.Balaji, Advocate Sr.6987 W.P.No.3877 of 2016 kji(CO) srg(10/03/2016) https://hcservices.ecourts.gov.in/hcservices/