Madras High Court
Murugesan. C vs Tamil Nadu State Transport Corporation ... on 10 April, 2017
Author: T.Raja
Bench: T.Raja
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 10.04.2017 CORAM THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.126 of 2017 Murugesan. C .. Petitioner -Vs- Tamil Nadu State Transport Corporation Ltd., Rep. by its Managing Director, 37, Mettupalayam Road, Coimbatore 641 043. .. Respondent Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondent to pay the petitioner all his retirement benefits including, Gratuity, Leave Salary Amount and all other benefits with interest at the rate of 18% per annum within the time frame that may be stipulated by this Hon'ble Court and to grant him the interest at the rate of 18% per annum for the belated settlement of his eligible benefits from the date of retirement to till the date of settlement by the respondent within the time frame that may be stipulated by this Hon'ble Court. For Petitioner :: Mr.A.Rajendiran For Respondent :: Mr.P.Kannan Kumar ORDER
The petitioner has filed this writ petition for issuance of a writ of mandamus, directing the respondent to pay him all his retirement benefits including, Gratuity, Leave Salary Amount and all other benefits with interest at the rate of 18% per annum within the time frame that may be stipulated by this Court and to grant him the interest at the rate of 18% per annum for the belated settlement of his eligible benefits from the date of retirement to till the date of settlement within the time frame that may be stipulated by this Court.
2. Heard the learned counsel appearing for the petitioner. Mr.P.Kannan Kumar, learned Standing counsel takes notice on behalf of the respondent.
3. The petitioner joined the services of the respondent Corporation as a Conductor with effect from 09.06.1984 and he was retired from service on 31.05.2014 on attaining the age of superannuation while working as Senior Conductor in the respondent Corporation. Now the grievance of the petitioner is that his retirement benefits, namely, Gratuity, Leave Salary Amount and all other benefits etc., have not been till date settled by the respondent.
4. Since the issue is squarely covered by 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 respondents 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 June, 2017 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.
10.04.2017 1/10 Speaking/Non-speaking order Index : yes/no vga To Tamil Nadu State Transport Corporation Ltd., Rep. by its Managing Director, 37, Mettupalayam Road, Coimbatore 641 043. T.RAJA, J. vga W.P.No.126 of 2017 10.04.2017 1/10 http://www.judis.nic.in