S.Chandrasekaran v. M/S.State Express Transport

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.04.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA.

Writ Petition No.44688 of 2016 S.Chandrasekaran ... Petitioner vs M/s.State Express Transport Corporation Ltd., Rep.by its Managing Director, No.2, Pallavan Salai, Chennai - 600 002.

... Respondent Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondent to settle the terminal benefits namely, Gratuity amount of Rs.7,50,000/-, Social Security Scheme amount of Rs.35,000/- and Erode Engineering College and Perundurai Medical College refund amount of Rs.4500/- altogether a sum of Rs.7,89,500/- with interest at the rate of 6% per annum taking into consideration the petitioner's representation dated 08.12.2016. For Petitioner : Mr.D.Soundarraj For Respondent : 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 respondent to settle the terminal benefits of the petitioner namely, Gratuity amount of Rs.7,50,000/-, Social Security Scheme amount of Rs.35,000/- and Erode Engineering College and Perundurai Medical College refund amount of Rs.4500/- altogether a sum of Rs.7,89,500/- with interest at the rate of 6% per annum from the date of retirement to till the date of actual payment, taking into consideration the petitioner's representation dated 08.12.2016.

2. Heard the learned counsel appearing for the petitioner. Mr.P.Kannan Kumar, learned counsel appearing for the respondent Corporation sought time to consider the petitioner's representation dated 08.12.2016. https://hcservices.ecourts.gov.in/hcservices/

3. The petitioner joined the service of the respondent Corporation on 12.08.1988 and he retired from service on 31.07.2016 while working as a Selection Grade Senior Driver in the respondent Corporation. Now the grievance of the petitioner is that his retirement benefits, namely, Gratuity amount of Rs.7,50,000/-, Social Security Scheme amount of Rs.35,000/- and Erode Engineering College and Perundurai Medical College refund amount of Rs.4500/- altogether a sum of Rs.7,89,500/- with interest at the rate of 6% per annum from the date of retirement to till the date of actual payment, have not been till date settled by the respondent Corporation. Hence, he has given a representation on 08.12.2016. But, till date no orders have been passed. 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 respondent Corporation 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. Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar To M/s.State Express Transport Corporation Ltd., Rep.by its Managing Director, No.2, Pallavan Salai, Chennai - 600 002.

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