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Madras High CourtWP/4667/2016disposed of

C.Veluswamy v. The Managing Director

2016-02-08Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.02.2016

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.Nos.4667 & 4668 of 2016 C.Veluswamy ..Petitioner in W.P.No.4667 of 2016 K.Dorairaj ..Petitioner in W.P.No.4668 of 2016 -vs1. The Managing Director Tamil Nadu State Transport Corporation (CBE) Ltd., 37, Mettupalayam Road Coimbatore 641 043

2. The General Manager Tamil Nadu State Transport Corporation (CBE) Ltd., Erode Region 45, Chennimalai Road Erode-1

3. The Administrator Tamil Nadu State Transport Corporation Employees'

Pension Fund Trust Ltd., Thiruvalluvar Illam Anna Salai Chennai-2 ..Respondents 1 to 3 in both the W.P's.

Petitions under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents to settle all the terminal benefits due and payable to the petitioners with interest at 12% per annum with effect from 31.7.2015 & 31.5.2015 within the time limit stipulated by this Hon'ble Court.

For Petitioners::

Mr.N.Senthil Kumar For Respondents::

Mr.P.Kannankumar

ORDER

Both the writ petitions have been filed seeking for issuance of a writ of mandamus, directing the respondents to settle all the terminal benefits due and payable to the petitioners with interest at 12% per annum with effect from 31.7.2015 & 31.5.2015 respectively within the time limit stipulated by this Hon'ble Court.

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

3. Mr.C.Velusamy, the petitioner in W.P.No.4667 of 2016, joined as Junior Assistant in the second respondent Corporation on 29.12.1988 and after putting in more than 27 years of service, he retired as Selection Grade Assistant on 31.7.2015 on reaching the age of superannuation. Mr.K.Dorairaj, the petitioner in W.P.No.4668 of 2016, joined as Junior Assistant in the second respondent Corporation on 19.4.1984 and after putting in more than 32 years of service, he retired as Superintendent on 31.5.2015 on reaching the age of superannuation. However, their terminal benefits, namely, gratuity, pension, earned leave salary etc., have not been till date settled to them.

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), these writ petitions are disposed of with a direction to the respondents to settle the entire terminal benefits due and payable to the petitioners 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 petitioners for such non-payment of the instalments. No costs. Sd/- Assistant Registrar(V) //True Copy// Sub Assistant Registrar ss

To

1. The Managing Director Tamil Nadu State Transport Corporation (CBE) Ltd., 37, Mettupalayam Road Coimbatore 641 043

2. The General Manager Tamil Nadu State Transport Corporation (CBE) Ltd., Erode Region 45, Chennimalai Road Erode-1

3. The Administrator Tamil Nadu State Transport Corporation Employees'

Pension Fund Trust Ltd., Thiruvalluvar Illam Anna Salai Chennai-2 W.P.Nos.4667 & 4668 of 2016 BVR(CO) Eu 04.03.16