Thiru.I.Sekar Karunakaran, v. The Managing Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.04.2017
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA Writ Petition No.42802 of 2016 I.Sekar Karunakaran ... Petitioner vs 1.The Managing Director, Tamil Nadu State Transport Corporation(Villupuram) Limited, Tambaram, Bench Kancheepuram District.
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-600 002.
... Respondents Writ Petition filed under Article 226 of Constitution of India, praying for issuance of writ of Mandamus, to direct the respondents, to disburse the retirement benefits such as Provident fund, Gratuity, Labour welfare fund, benefits of earned and unearned Leave Medical Leave Benefits payable to the petitioner with interest at the rate of not less than 18% from 31.01.2016, the date of retirement and consequently directing the respondents to pay interest at the rate of 18% P.A for the belated settlement of retirement benefits to the petitioner from the date of retirement to till the date of actual payment to the petitioner within the prescribed time.
For Petitioner : M/S.Thiripurasundari For Respondents : Mr.P.Kannan Kumar
O R D E R
The petitioner has filed this writ petition for issuance of a writ of mandamus, to direct the respondents to disburse the retirement benefits such as Provident fund, Gratuity, Labour welfare fund, benefits of earned and unearned Leave Medical Leave Benefits with interest at the rate of not less than 18% from 31.01.2016, the date of retirement and to pay interest at the rate of 18% P.A for the belated settlement of retirement benefits from the date of retirement to till the date of actual payment within the prescribed time.
2. Heard the learned counsel appearing for the petitioner. Mr.P.Kannan Kumar, learned Standing counsel takes notice on behalf of the respondents.
3. The petitioner joined the service in the Tamil Nadu State Transport Corporation on 16.05.1988 and he was retired from service on 31.01.2016 while working as a Conductor in the respondent Corporation. Now the grievance of the petitioner is that his retirement benefits, namely, Provident fund, Gratuity, Labour welfare fund, benefits of earned and unearned Leave, Medical Leave Benefits payable with interest at the rate of not less than 18% from 31.01.2016, the date of retirement and the interest at the rate of 18% a.m for the belated settlement of retirement benefits from the date of retirement to till the date of actual payment, have not been till date settled by the respondents.
4.Since the issue is squarely covered by various orders passed by this Court, in the light of the Hon'ble Division Bench judgment in W.A.(MD) Nos.383 to 457 of 2015 dated 12.6.2015 (K.Rajendran and others v. The Tamil Nadu State Transport Corporation (Madurai) Limited represented by its Managing Director, Madurai and others), this writ petition is disposed of with a direction to the respondents to settle the entire terminal benefits due and payable to the petitioner through twelve equal monthly installments carrying interest of 6% p.a. The installments should commence from June, 2017 and each of the installments should be paid on or before 7th of each month. In case of any delay in the payment of the installments, the interest payable would become 18% p.a. for the delayed period apart from any other remedy which may be available to the petitioner for such non-payment of the installments. No costs. Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar
dn +1cc to Mr. Thirupurasundari, Advocate Sr. 21818 +1cc to Mr.R. Kannan Kumar, Advocate Sr. 23020 W.P No.42802 of 2016 SCD(CO) VR(25/4/2017)