M.Chinnasamy v. Tamil Nadu State Transport
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.04.2017
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.44484 of 2016 M.Chinnasamy .. Petitioner -vs1.Tamil Nadu State Transport Corporation (Coimbatore) Ltd.,rep. By its Managing Director, 37, Mettupalayam Road, Coimbatore-641 043.
2.The General Manager, Tamil Nadu State Transport Corporation, (Coimbatore) Ltd., Erode Region, 45,Chennimalai Road, Erode 638 001.
3.The Administrator Tamil Nadu State Transport Corporations Employees' Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai 600 002.
.. Respondents Petition is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents to pay the petitioner a sum of Rs.5,08,431/- towards gratuity; a sum of Rs.1,91,252/- towards earned leave salary for 147.5 days, earned leave salary for 45 days which was surrendered during his service prior to the petitioner's retirement and old medical leave salary for 13 days; monthly pension payable under the Post Retirement Benefit Scheme from 01.04.2014 after adjusting the amounts already paid, with arrears and other service and terminal benefits, together with interest at the rate of 12% per annum for all the above benefits and also to pay him interest for the belated payment of service/terminal benefits including commuted value of pension, which were already paid to the petitioner.
For Petitioner :: Mr.V.Ajoy Khose For Respondents :: Mr.P.Kannankumar for the Transport Corporation
ORDER
The petitioner, having retired from service as Special Grade Conductor in the respondent Corporation on 31.03.2013, has filed this writ petition seeking a direction to the respondents to settle all the retirement benefits payable to him, as prayed for in the petition.
2. Mr.P.Kannankumar, 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 this writ petition also.
3. This Court, recording the statement made by the learned Standing Counsel, 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 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 petitioners for such non-payment of the instalments. With this direction, the writ petition is disposed of accordingly. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar
vga To 1.The Managing Director, Tamil Nadu State Transport Corporation (Coimbatore) Ltd., 37, Mettupalayam Road, Coimbatore-641 043.
2.The General Manager, Tamil Nadu State Transport Corporation, (Coimbatore) Ltd., Erode Region, 45,Chennimalai Road, Erode 638 001.
3.The AdministratorTamil Nadu State Transport Corporations Employees' Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai 600 002.
+2cc to Mr.P. Kannan Kumar, Advocate, S.R.No.21553 +1cc to Mr.V. Ajoy Khose, Advocate, S.R.No.21643 ca(CO) md(26/04/2017) W.P. No.44484 of 2016