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Madras High CourtWP(MD)/9905/2016disposed of

G.Rajendran, v. The Management Of Tamil Nadu

2016-06-06Honourable Mr Justice T.Raja2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.06.2016

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD).No.9905 of 2016 G.Rajendran ...

Petitioner Vs 1.The Management of Tamil Nadu State Transport Corporation (kumbakonam) Ltd, rep.by its Managing Director, Kumbakonam.

2.The Administrator, Tamil Nadu State Transport Employees Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai-2.

...

Respondents Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the 1st respondent to pay the petitioner Rs.9,50,234/-towards Gratuity Rs.6,78,200/- towards leave salary, together with 18% interest per annum along with interest amount towards the delayed payment of EPF Employee's Contribution amount Rs.5,10,379/- for the period from 30.06.2015 to 18.03.2016 at the rate as per EPF Scheme and further directing the respondent to pay him Rs.3,59,618/- towards the pension commutation amount together with 18% interest per annum.

For petitioner : Mr.S.Arunachalam For Respondents : Mr.D.Sivaraman

ORDER

The petitioner, Mr.G.Rajendran, was initially appointed as 'Tradesman' in the respondent Corporation on 23.11.1979. Thereafter, he was promoted as Assistant Engineer and subsequently, he retired from service on 30.06.2015. The grievance of the petitioner is that his terminal benefits, namely, gratuity, leave salary, EPF and commutation of pension have not been paid to him. Therefore, he has given a representation dated 18.03.2016 to the first respondent. Finding that no response was forthcoming from him, the petitioner is constrained to come to this Court. https://hcservices.ecourts.gov.in/hcservices/

2.

The learned Counsel appearing for the petitioner submitted that in respect of similar cases, this Court has directed the respondents to pay the amount due in 12 monthly equal intstalments with interest at the rate of 6% per annum. It is further stated that the said order made in W.P.(MD).No.14788 to 14790 of 2015 dated 18.08.2015 came to be passed after following the order of the Division Bench made in the Writ Appeal in W.A. (MD).Nos.383 to 457 of 2015 dated 12.06.2015. 3.

The learned Counsel for the respondents Corporation is not disputing any of the above facts submitted by the learned Counsel appearing for the petitioner. On the other hand, he submitted that the respondent Corporation will pay the amount to the petitioner in 12 monthly equal instalments, as in the case of other similarly placed persons.

4.

Since the issue involved in this Writ Petition is no more res integra, the first respondent is directed to disburse the entire retiral benefits to the petitioner in 12 equal monthly instalments. The first installment shall commence from 01.07.2016 with interest at the rate of 6% per annum.

5. With the above terms, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(W) /True Copy/ Sub Assistant Registrar To 1.The Managing Director, The Management of Tamil Nadu State Transport Corporation (kumbakonam) Ltd, Kumbakonam.

2.The Administrator, Tamil Nadu State Transport Employees Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai-2.

+1cc to Mr.S.Arunachalam, Advocate Sr.No.28333 +1cc to Mr.D.Sivaraman,Advocate Sr.No.28523 ssm AA/PEK/10.06.2016/2p-5c W.P(MD).No.9905 of 2016 06.06.2016 https://hcservices.ecourts.gov.in/hcservices/