Mr.E.Punniakoti, Senior v. The Government Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.04.2017
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA Writ Petition No.44366 of 2016 Mr.E.Punniakoti ... Petitioner vs 1.The Government of Tamil Nadu, Rep. by its Principal Secretary, Transport Department, Secretariat, Fort St. George, Chennai-600 009.
2.The Managing Director, Metropolitan Transport Corporation Chennai)Limited, Pallavan House, Anna 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 settle the retirement benefits payable to the petitioner namely Encashment of leave salary(EL), Encashment of leave salary (ML. 98), Subscription fees for Engineering and Medical Collage, and Settlement arrears after taking into account the review benefits in terms of settlement and other eligible terminal benefits with interest of 18% on delayed payment to the petitioner from 30.04.2015 the date of retirement to till the date of settlement of the terminal benefits to the petitioner by following the order passed in W.A.(MD).Nos.383 to 457 of 2015 dated 12.06.2015.
For Petitioner : Mr.V.S.Jagadeesan For R1 : Mr.T.M.Pappiah, Special G.P For R2 : 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 settle the retirement benefits namely Encashment of leave salary(EL), Encashment of leave salary (ML. 98), Subscription fees for Engineering and Medical Collage, and Settlement arrears after taking into account the review benefits in terms of settlement and other eligible terminal benefits with interest of 18% on delayed payment from 30.04.2015, the date of retirement to till the date of settlement of the terminal benefits.
2. Heard the learned counsel appearing for the petitioner. Mr.T.M.Pappiah, learned Special Government Pleader takes notice for the first respondent and Mr.P.Kannan Kumar, learned Standing Counsel takes notice on behalf of the second respondent.
3. The petitioner joined the service in the Tamil Nadu State Transport Corporation on 15.03.1987 and he was retired from service on 30.04.2015 while working as a Senior Tradesman in the respondent Corporation. Now the grievance of the petitioner is that his retirement benefits namely, Encashment of leave salary(EL), Encashment of leave salary (ML. 98), Subscription fees for Engineering and Medical Collage, and Settlement arrears after taking into account the review benefits in terms of settlement and other eligible terminal benefits with interest of 18% on delayed payment from 30.04.2015, 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 (CCC) /true copy/ Sub Asst. Registrar
dn To 1.The Principal Secretary, Government of Tamil Nadu, Transport Department, Secretariat, Fort St. George, Chennai-600 009.
2.The Managing Director, Metropolitan Transport Corporation (Chennai)Limited, Pallavan House, Anna Salai, Chennai-600 002.
+1cc to Mr. P. Kannan Kumar, Advocate Sr. 23019 +1cc to Mr.V.S. Jagadeesan, Advocate Sr. 21952 W.P No.44366 of 2016 BR(CO) VR(3/5/2017)