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C.Vellai vs The Managing Director

Madras High Court|04 April, 2017

JUDGMENT / ORDER

The petitioner has filed this writ petition for issuance of a writ of mandamus, directing the respondents to disburse the payments relating to Gratuity, Pension Commutation, Leave Encashment (Earned and Old Medical Leave), IRT amount, D.A. arrears, CRBS amount, last 10 days salary and all other attendant benefits by calculating D.A. eligible as per newly implemented scheme, with interest at 12% per annum with effect from 01.05.2015 within stipulated time as may be fixed 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 respondents.
3. The petitioner joined as a Conductor in the Pallavan Transport Corporation on 05.03.1981 and he was retired from service on 30.04.2015 while working as Traffic Inspector in the second respondent Corporation. Now the grievance of the petitioner is that his retirement benefits, namely, Gratuity, Pension Commutation, Leave Encashment (Earned and Old Medical Leave), IRT amount, D.A. arrears, CRBS amount, last 10 days salary and all other attendant benefits etc., have not been till date settled by the respondents.
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.
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Title

C.Vellai vs The Managing Director

Court

Madras High Court

JudgmentDate
04 April, 2017