P.Natesan, Selection Grade Sr. v. The Managing Director,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.04.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.43498 of 2016 P.Natesan .. Petitioner -vsThe Managing Director, Tamil Nadu State Transport Corporation Ltd., 12, Ramakrishna Salai, Salem - 636 007.

..Respondent Prayer:- Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondent to consider the petitioner's representation dated 01.12.2016 seeking retired monetary benefits, gratuity, employee provident fund, welfare fund, 12(3) settlement arrears, basic pay, earnest leave arrears of salary amount and dearness allowance, service benefits, pension, bonus, society fund, security fund, surrendered medical leave accrued so far in his credit in accordance with law within a time frame. For Petitioner ::

Mr.A.Ganesan For Respondent ::

Mr.P.Kannankumar

ORDER

The petitioner has filed this writ petition seeking a direction to the respondent to settle his retirement benefits i.e Provident Fund, Gratuity, Earned Leave, etc.

2. Heard the learned counsel for the petitioner. Mr.P.Kannakumar, learned counsel takes notice on behalf of the respondent.

3. The petitioner joined as Conductor on 21.09.1987 in the respondent Corporation and after rendering 31 years of unblemished service, he retired from service on 31.07.2016 on attaining the age of superannuation.

4. Now, the only grievance of the petitioner is that his retirement benefits, namely, gratuity, commutation, leave salary, etc., have not been till date settled by the respondents. https://hcservices.ecourts.gov.in/hcservices/

5. Since the issue is squarely covered by the 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 respondent to settle the entire terminal benefits due and payable to the petitioner 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 petitioner for such non-payment of the instalments. No costs. Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar To The Managing Director, Tamil Nadu State Transport Corporation Ltd., 12, Ramakrishna Salai, Salem - 636 007 +1 cc to Mr.A.Ganesan,advocate,sr.20969 +1 cc to mr.P.Kannankumar,advocate,sr.21281.

ev(co) krd 19/4 W.P.No.43498 of 2016 https://hcservices.ecourts.gov.in/hcservices/