Madras High CourtWP/43401/2016disposed of

K.Sethuraman, v. The Government Of Tamilnadu,

2017-04-26Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.04.2017

CORAM

THE HON'BLE MR.JUSTICE T.RAJA W.P.No.43401 of 2016 K. Sethuraman Petitioner vs.

The Government of Tamil Nadu represented by its Secretary Transport Department Fort St. George Chennai The Management of Tamil Nadu State Transport Corporation (Kovai) Ltd.

represented by its Managing Director Erode Region Erode Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondent to pay the petitioner Rs.1,99,163/- towards leave salary, Rs.1,29,435/- towards encashment of leave on personal affairs and Rs.76,776/- towards balance of gratuity, together with 18% interest per annum, along with interest amount towards delayed payment of part of the gratuity amount of Rs.6,45,734/- for the period from 31.01.2012 to 30.12.2013 and towards the delayed payment of EPF Employees Contribution amount of Rs.5,09,112/- for the period from 31.01.2012 to 06.11.2012 at the rate of 18% per annum within a time frame.

For petitioner Mr. V. Ajoy Khose For R1 Mr. V. Jayaprakash Narayanan Special Government Pleader For R2 Mr. P. Kannan Kumar Standing Counsel

ORDER

Mr. V. Jayaprakash Narayanan, learned Special Government Pleader, accepts notice for the first respondent. Mr. P. Kannan Kumar, learned Standing Counsel, accepts notice for the second respondent. With consent, this writ petition is taken up for final disposal.

The petitioner, having retired from service as Selection Grade Assistant Engineer in the respondent Corporation on 31.01.2012, has filed this writ petition seeking a writ of mandamus directing the respondents to pay Rs.1,99,163/- towards leave salary, Rs.1,29,435/- towards encashment of leave on personal affairs and Rs.76,776/- towards balance of gratuity, together with 18% interest per annum, along with interest amount towards delayed payment of part of the gratuity amount of Rs.6,45,734/- for the period from 31.01.2012 to 30.12.2013 and towards the delayed payment of EPF Employees Contribution amount of Rs.5,09,112/- for the period from 31.01.2012 to 06.11.2012 at the rate of 18% per annum within a time frame.

The learned Standing Counsel for the respondent Transport Corporation submitted that since there has been a direction issued by a Division Bench of this Court 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) Ltd., represented by its Managing Director, Madurai and others] vide judgment dated 12.06.2015 directing the Transport Corporation to disburse the retiral benefits of the appellants therein in 12 equal monthly instalments with 6% interest per annum, a similar direction may be issued in this writ petition as well. This Court, recording the statement made by the learned Standing Counsel for the respondent Transport 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 the retirement benefits of the appellants therein in 12 equal monthly instalments with 6% interest per annum, hereby directs the respondents 2 and 3 to settle the entire retirement benefits due and payable to the petitioner in 12 equal monthly instalments with interest at the rate of 6% p.a. The instalments shall commence from July, 2017 and each of the instalments shall 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 petitioner for such non-payment of instalments.

With the above direction, this writ petition stands disposed of. Costs made easy.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar cad To The Secretary Transport Department Government of Tamil Nadu Fort St. George Chennai The Managing Director Tamil Nadu State Transport Corporation (Kovai) Ltd. Erode Region Erode.

+1cc to M/S.V.Ajay Khose, Advocate Sr. 25863 +1cc to the Government Pleader, Sr. 25671 W.P.No.43401 of 2016 NRI(CO) VR(17/5/2017)