L.Ramadoss, v. Tamil Nadu State Transport
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.04.2017
CORAM:
THE HON'BLE MR. JUSTICE T. RAJA W.P. Nos.42972 to 42979 of 2016 (8 WPs) L. Ramadoss Petitioner in WP No.42972 of 2016 R. Venkatesan Petitioner in WP No.42973 of 2016 K. Dhanasekaran Petitioner in WP No.42974 of 2016 I. Kannabiran Petitioner in WP No.42975 of 2016 K. Manivannan Petitioner in WP No.42976 of 2016 R. Venkatesan Petitioner in WP No.42977 of 2016 V. Kuppusamy Petitioner in WP No.42978 of 2016 R. Rajendran Petitioner in WP No.42979 of 2016 vs.
Tamil Nadu State Transport Corporation (Villupuram) Ltd.
represented by its Managing Director Head Office, Salamedu Vazhudhareddi Post Villupuram 605 602 The General Manager Tamil Nadu State Transport Corporation (Villupuram) Ltd.
Tiruvannamalai Region Tiruvannamalai Respondents in all the WPs Prayer in all the Writ Petitions:
Writ Petitions filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents to settle all the terminal benefits, viz., gratuity, commutation and earned leave surrender payment due to the petitioner, along with interest at 12% per annum from the date of the petitioners' superannuation from service within a time frame. For petitioner Mr. K.M. Ramesh in all WPs For respondents Mr. P. Paramasivadoss in all WPs Standing Counsel
COMMON ORDER Inasmuch as the relief sought in all these writ petitions is one and the same, these writ petitions are considered and decided by this common order.
The petitioners, having retired from service as Conductor / Driver in the respondent Corporation on 31.05.2013, 31.05.2016, 30.09.2013, 31.05.2016, 23.12.2015, 30.09.2013, 28.02.2015 and 31.05.2013 respectively, have filed these writ petitions seeking a writ of mandamus directing the respondents to settle all the terminal benefits, viz., gratuity, commutation and earned leave surrender payment due to the petitioners, along with interest at 12% per annum from the date of their superannuation from service, within a time frame. The learned Standing Counsel for the Transport Corporation submitted that since there has been a direction issued by a Division Bench in identical cases in W.A.(MD) Nos.383 to 457 of 2015 [K.Rajendran and others v. The Tamil Nadu State Transport Corporation (Madurai) Limited, represented by its Managing Director, Madurai and others] vide judgment dated 12.06.2015 directing the Transport Corporation to disburse all the retiral benefits in 12 equal monthly instalments with 6% interest per annum, a similar direction may be issued in these writ petitions also.
This Court, recording the statement made by the learned Standing Counsel for the respondent Corporation and taking note of the judgment dated 12.06.2015 of the Division Bench in W.A. (MD) Nos.383 to 457 of 2015 referred to above, directing the respondents therein to settle all the retirement benefits in 12 equal monthly instalments with 6% interest per annum, hereby directs the respondents to settle the entire retirement benefits due and payable to the petitioners in 12 equal monthly instalments carrying interest at the rate of 6% p.a. The instalments shall commence from July, 2017 and each of the instalments should be paid on or before 7th of each month. In case of any delay in payment of instalments, the interest payable would become 18% p.a. for the delayed period, apart from any other remedy, which may be available to the petitioners for such non-payment of the instalments.
With the above direction, these writ petitions are disposed of. Costs made easy.
Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar
cad To Tamil Nadu State Transport Corporation (Villupuram) Ltd.
Managing Director Head Office, Salamedu Vazhudhareddi Post Villupuram 605 602 The General Manager Tamil Nadu State Transport Corporation (Villupuram) Ltd.
Tiruvannamalai Region Tiruvannamalai +8cc to M/S.K.M. Ramesh, Advocate Sr. 25521 to 25528 +1cc to Mr.P. Paramasiva Doss, Advocate Sr. 25883 Common order in W.P. Nos.42972 to 42979 of 2016 (8 WPs) RK(CO) VR(15/5/2017)