M.Chinnappu(Dr2342) v. The Managing Director,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :19.12.2019

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.35024 of 2019 M.Chinnappu

...Petitioner

Vs.

1.The Managing Director, Tamilnadu State Transport Corporation (Salem) Ltd., 12, Ramakrishna Salai, Salem - 636 007.

2.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Trust, Administrative Office, Thiruvalluvar Office, Pallavan Salai, Chennai - 600 002.

..Respondents Prayer:- Writ petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to disburse a sum of Rs.4,00,586/- towards the Social Welfare Fund, IRTT Refund Amount and towards the difference in payment of Salary, Gratuity, Leave Salary, E.L.Surrender, Pension and Commutation with interest at the rate of 6% per annum till the date of realization entire amount.

For Petitioner : Mr.A.Nagarathinam For Respondents : Mr.D.Raghu Standing counsel for respondents.

O R D E R

This writ petition has been filed for the issue of writ of Mandamus directing the respondents to settle the interest for the belated payment of retiral benefits.

2. It is seen from records that the petitioner was working in the respondent corporation from the year 1987 respectively and he retired from service in the year 2018. The grievance of the petitioner is that his retirement benefit was settled with a very long delay. The petitioner has therefore

sought for interest for belated payment of Salary, Gratuity, Leave Salary, E.L.Surrender, Pension and Commutation with interest. Since the same was not granted, the present writ petition has been filed before this Court.

3.

Heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the respondents. 4.

A similar writ petition came to be filed before this Court seeking for a similar relief in WP(MD) No.23869 of 2019 and this Court has passed the following order :-

3. According to the petitioners, they lastly worked as Special Grade Driver, Special grade driver, Special Grade Conductor and Special Grade Driver respectively in the respondent Transport Corproation and retired from service on 30.06.2018, 31.07.2018, 31.07.2018 and 31.01.2019. Their terminal benefits were settled on 31.08.2019 with a long delay. The grievance of the petitioners is that, the respondents have not paid the interest for the delayed payment as per the Judgement of the first Bench of this Court, dated 12.06.2015 in W.A. (MD) Nos.383 to 457 of 2015. They have made representation to the respondents on 14.10.2019 and the respondents have not passed any orders on the representation. Hence, the petitioners have come out with the present writ petition.

5.

This issue has already been decided by the First Bench of this Court referred to above. In view of the same, the respondents are directed to pay the interest at the rate of 6% for the delayed payment in twelve (12) equal installments on or before 10th day of every English calendar Month. The first installment is to be paid on or before 10th day of February, 2020.

5.

The above judgement, which in turn relied upon the earlier Division Bench Judgement, will squarely apply to the facts of the present case also. In view of the same, the respondents are directed to pay interest at the rate of 6% for the delayed payment of the retiral benefits in 12 equal installments on or before 20th of every English calender month. The first installment is directed to be paid on or before the 20th day of January 2020.

6.

The relief sought for by the petitioner insofar as the leave salary is concerned, requires consideration by the 1st respondent before any positive directions can be given. Taking into consideration the facts and circumstances of the case, the 1st respondent is directed to consider the representation made by the petitioner on 19.10.2019 insofar as the claim made by them for leave salary is concerned and pass

necessary orders in accordance with law, within a period of six weeks from the date of receipt of copy of this order. 7.

This writ petition is disposed of with the above directions.

No costs.

Consequently, the connected miscellaneous petition is also closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kkn To 1.The Managing Director, Tamilnadu State Transport Corporation (Salem) Ltd., 12, Ramakrishna Salai, Salem - 636 007.

2.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Trust, Administrative Office, Thiruvalluvar Office, Pallavam Salai, Chennai - 600 002.

+1cc to Mr.A.Nagarathinam, Advocate SR.106570 +1cc to Mr.D.Raghu, Advocate SR.105668 W.P.No. 35024 of 2019 MP(CO) CB(19/02/2020)