Madras High CourtWP/43259/2016disposed of

R.Annamalai v. Tamil Nadu State Transport

2017-04-04Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.04.2017

CORAM

THE HONOURABLE Mr.JUSTICE T.RAJA W.P.Nos.43259 to 43265 of 2016 R.Annamalai ... Petitioner in W.P.43259 of 2016 D.Palani ... Petitioner in W.P.43260 of 2016 G.Anandan ... Petitioner in W.P.43261 of 2016 D.Mannu ... Petitioner in W.P.43262 of 2016 M.Muthu ... Petitioner in W.P.43263 of 2016 V.Duraiswamy ... Petitioner in W.P.43264 of 2016 R.Dhanasekaran ... Petitioner in W.P.43265 of 2016 -Vs1. Tamil Nadu State Transport Corporation Rep. by its Managing Director, Head Office, Salamedu, Vazhudhareddi Post, Villupuram - 605 602.

2. The General Manager, Tiruvannamalai Region, Tiruvannamalai.

... Respondents in all the Writ Petitions Prayer in all the Writ Petitions: Petitions filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents herein to settle all the terminal benefits, namely, gratuity, commutation, earned leave, surrender payment due to petitioner along with interest at 12% per annum from the date of petitioner's superannuation from service within a time frame.

For Petitioners :

Mr.K.M.Ramesh in all W.Ps For Respondents :

Mr.P.Kannan Kumar in all W.Ps

COMMON ORDER The petitioners, having retired from service as Checking Inspector/Conductor in the respondent Corporation on 28.02.2013, 29.02.2016, 31.01.2013, 30.06.2013, 30.06.2013, 30.06.2016, 30.06.2014 respectively, have filed these writ petitions seeking a direction to the respondents to settle all the retirement benefits payable to them, as prayed for in the petitions, with interest at 12% per annum.

2. Mr.P.Kannan Kumar, learned standing counsel for the Transport Corporation submitted that since there has been a direction issued by the Hon'ble Division Bench in W.A.(MD) Nos.383 to 457 of 2015 dated 12.6.2015 directing the Corporation to disburse all the retirement benefits in twelve equal monthly instalments with 6% interest per annum, a similar direction may be issued in these writ petitions also.

3. This Court, recording the statement made by the learned Standing Counsel for the respondents, taking note 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) directing the respondents to settle all the retirement benefits in twelve equal monthly instalments with 6% interest per annum, hereby directs the respondents to settle the entire retirement benefits due and payable to the petitioners through twelve equal monthly instalments carrying interest of 6% p.a. The instalments should commence from June, 2017 and each of the instalments should be paid on or before 7th of each month. In case of any delay in the payment of the 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 this direction, the writ petitions are disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar ds To:

1. The Managing Director, Head Office, Salamedu, Vazhudhareddi Post, Villupuram - 605 602.

2. The General Manager, Tiruvannamalai Region, Tiruvannamalai.

+1 cc to Mr.K.M.Ramesh, Advocate, S.R.No.20158 +6 ccs to Mr.K.M.Ramesh, Advocate, S.R.No.20152 to20157 (16/05/17) +1cc to Mr.P.Kannan Kumar, Advocate, S.R.No.20728 W.P.Nos.43259 to 43265 of 2016 NRJK(CO) CA(03/05/2017)