M.Ganesa Moorthy, v. The Tamil Nadu State Transport

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.08.2015 C O R A M THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.15043 of 2015 M.Ganesamoorthy .. Petitioner Vs.

1.The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., rep. by its Managing Director, Kumbakonam.

2.The General Manager, The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Nagapattinam Region, Nagapattinam.

3.The Administrator The Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai-600 002.

..Respondents Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the respondents to pay retirement benefits of the petitioner including gratuity the commuted value of pension and leave salary with interest at the rate of 18% per annum within the time that may be stipulated by this Honble Court and to grant him the interest at the rate of 18% per annum for the belated settlement of his provident fund the refund of institute of road transport contribution and social security scheme arrears from the date of retirement to till the date of settlement within the time that may be stipulated by this Hon'ble Court.

For Petitioner : Mr.A.Rahul For Respondents : Mr.D.Sivaraman

O R D E R

The petitioner/M.Ganesamoorthy has filed the present Writ Petition seeking a Writ of Mandamus directing the respondents to pay the retirement benefits to him.

2. It is stated that though the petitioner was allowed to retire from the service of the respondents, till date, the respondent Corporation has not settled the retirement benefits. Hence, the petitioner has come before this Court.

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3. In similar circumstances, the Hon'ble Division Bench of this Court while disposing of the batch of writ appeals in W.A(MD)Nos.383 to 457 of 2015, by an order dated 12.06.2015 issued a direction to pay the retirement benefits by way of installments. The relevant portion of the said judgment reads as follows:- "2.The said statement is thus taken on records and the respondents will be bound by the same. We have to keep in mind the judicial pronouncement of the Honourable Supreme Court in D.D.TEWARI (D) THR. LRS. Vs. UTTAR HARYANA BIJLI VITRAN NIGAM LTD & ORS (2014 (9) SCALE - 78), wherein it is held that in case of any delay in making 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 appellants for non-compliance of undertaking given to this court. 3.The installments to be paid from July 2015 and each installments should be paid on or before 7th of each month."

4. The learned counsel appearing for the petitioner would submit that the petitioner's case may be considered in the light of the above said decision, since the issue involved in this writ petition has already been answered in the above said decision by the Hon'ble Division Bench of this Court.

5.Considering the facts and circumstances of the case and also considering the fact that the issue involved in this writ petition has already been answered by the Hon'ble Division Bench of this Court, the writ petition is disposed of in the light of the above said decision. Accordingly, the retirement benefits of the petitioner are directed to be settled by way of installments and the first installment to be paid from October 2015 and each of the installments should be paid on or before 7th of each month till the entire payment is made. No costs. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To.

1.The Managing Director, The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam.

2.The General Manager,The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Nagapattinam Region, Nagapattinam. 3.The Administrator, The Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai-600 002. +1cc to M/S. A.Rahul, Advocate in SR.No 48802 +2CC to M/S. D.Saravanan, Advocate in SR.No 48790 TS/03.09.2015/2P - 7C AAL-MPA /SAR - I W.P.(MD)No.15043 of 2015 24.08.2015 https://hcservices.ecourts.gov.in/hcservices/