Madras High Court
R.Ayyanar (Staff No.Mvr.010) vs The Managing Director on 2 August, 2016
Author: T.S.Sivagnanam
Bench: T.S.Sivagnanam
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.08.2016
CORAM
THE HONOURABLE Mr. JUSTICE T.S.SIVAGNANAM
W.P.Nos.26839 to 26846 of 2016
W.P.No.26839/2016
R.Ayyanar (Staff No.MVR.010)
S/o. Raja Gounder
No.87/8, Katchery Street
Metur Main Road, Omalur,
Salem District
Pin : 636 455. .. Petitioner
..Vs..
1.The Managing Director
Tamil Nadu State Transport
Corporation (Salem) Limited
No.12, Ramakrishna Road
Salem 7.
2.The Administrator
Tamil Nadu State Transport Corporation
Employees Post Retirement Welfare Fund Scheme
Thiruvalluvar House, Pallavan Salai
Chennai 600 002. .. Respondents
Prayer
Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mamdamus directing the respondents to disburse the payments relating to Provident Fund (EPF & VPF), Gratuity, ERPS Pension, Leave Encashment (Earned Leave & 1999 Old Medical Leave), Leave Surrender for year of 2009-2011, Labour Welfare Fund, IRT Share Amount, Review Arrear, Settlement Effect Arrears by calculating D.A eligible as per the fixation made by the Government of Tamilnadu periodically along with the entitled difference of dearness allowances also, with interest at 12% per annum with effect from 01.05.2016 within the stipulated time as may be fixed by this Court.
For Petitioner : Mr.J.Pradeep
For Respondents : Mr.Paramasivadoss
COMMON ORDER
Heard Mr.J.Pradeep, learned counsel appearing for the petitioner and Mr.Paramasivadoss, learned standing counsel who has taken notice for the respondents. With the consent of either side, the writ petition itself is taken up for final disposal.
2.The petitioners are employees of the respondent/Transport Corporation and have attained the age of superannuation and retired from service. However, their pensionary benefits has not been settled and therefore, the petitioners have approached this Court and filed these Writ Petitions to consider their representation for grant of pension.
3.It is brought to the notice of this Court by the learned counsel appearing on either side that this Court has considered a similar Writ Petition, and following the order passed by the Hon'ble Division Bench in the case of K.Rajendran and others vs. The Tamil Nadu State Transport Corporation (Madurai) Ltd. represented by its Managing Director, Madurai and others), dated 12.6.2015, issued directions to the respondent Corporation to settle the entire terminal benefits due and payable to the petitioner in twelve equal installments, carrying interest @ 6% p.a.
4.In the light of the said order, these Writ Petitions are disposed of with a direction to the respondent/Corporation to settle the entire terminal benefits due and payable to the petitioners in twelve equal installments, carrying interest @ 6% p.a. First of such installments shall commence from September 2016. All the payments shall be paid on or before 7th of each month. In the event of delay in payment of any one of the installments, the same shall be payable along with interest at 18% p.a., for the delayed payment, and leaving it open to the petitioners to invoke other remedies available to them in the event of such non payment of installments.
5.The Writ Petitions stand disposed of as indicated above. No costs.
02.08.2016 pgp Note : Issue order copy on 10.08.2016.
T.S.SIVAGNANAM, J pgp To
1.The Managing Director Tamil Nadu State Transport Corporation (Salem) Limited No.12, Ramakrishna Road Salem 7.
2.The Administrator Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme Thiruvalluvar House, Pallavan Salai Chennai 600 002.
W.P.Nos.26839 to 26846 of 2016 Dated : 02.08.2016