S.Santha v. The Managing Director,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.04.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA Writ Petition No.44678 of 2016 S.Santha .. Petitioner vs

1. The Managing Director, Coimbatore-641 o43.

2. The General Manager,

3. The Administrator, Tamil Nadu State Transport Corporation, Employees' Pension Fund Trust, Thiruvalluvar Illam, Pallavan salai, Chennai-600 002.

... Respondents in all W.Ps Writ Petition filed under Article 226 of Constitution of India, praying for issuance of writ of Mandamus, to direct the respondents to settle all the terminal benefits dues payable to the petitioner as per the order of this Court dated 12.06.2015 in WA.(MD) Nos. 383 to 457 of 2015 with interest at 12% per annum with effect from 01.08.2014. For Petitioner : Mr.N.Senthil Kumar For Respondents: 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 all the terminal benefits dues payable to the petitioner as per the order of this Court dated 12.06.2015 in WA.(MD) Nos. 383 to 457 of 2015 with interest at 12% per annum with effect from 01.08.2014.

2.Heard the learned counsel appearing for the petitioner. Mr.P.Kannan Kumar, learned Standing counsel takes notice on behalf of the respondents.

3.The petitioner joined the service of the respondent Corporation on 11.07.1998 and he retired from service on 31.07.2014 while working as a Junior Tradesman in the respondent Corporation. Now the grievance of the petitioner is that his retirement benefits, namely, Gratuity, Encashment of Leave, monthly pension and commuted value of pension and etc., have not been till date fully settled by the respondent Corporation. Therefore, he has come forward with the present writ petition.

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 July, 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. -s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar To

1. The Managing Director,

2. The General Manager,

3. The Administrator, Tamil Nadu State Transport Corporation Employees' pension Fund trust, Thiruvalluvar Illam, Pallavan salai, Chennai-600 002.

+1 CC to Mr.P. Kannan Kumar, sr 26519 Writ Petition No.44678 of 2016 SSI(CO) sp/15/5