S.Kaliyaperumal v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.02.2016

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.4649 of 2016 S.Kaliyaperumal ... Petitioner -VsThe Managing Director Tamil Nadu Transport Corporation Ltd., No.12, Ramakrishna Road Salem-7 ... Respondent Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondent to consider and pass orders on the petitioner's representation dated 19.10.2015 with regard to payment of retirement benefit within a stipulated time as fixed by this Hon'ble Court.

For Petitioner :

Mr.Sundaravadhanam For Respondent :

Mr.P.Kannankumar

ORDER

Mr.S.Kaliyaperumal has filed this writ petition under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus directing the respondent to consider and pass orders on the petitioner's representation dated 19.10.2015 with regard to the payment of retirement benefits within a stipulated time.

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

3. The petitioner joined as Driver on 3.1.87 in the respondent Corporation at Attur branch and retired as Senior Driver on 31.5.2015 on reaching the age of superannuation after putting in 28 years of unblemished record of service. However, his retirement benefits, namely, gratuity, provident fund, earned leave salary etc., have not been till date settled to him. https://hcservices.ecourts.gov.in/hcservices/

4. 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 March, 2016 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/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar ss To The Managing Director Tamil Nadu Transport Corporation Ltd., No.12, Ramakrishna Road Salem-7.

+1cc to Mr.Sundaravadhanam, Advocate, S.R.No.8457 W.P.No.4649 of 2016 BVR(CO) CA(16/02/2016) https://hcservices.ecourts.gov.in/hcservices/