Mr. P.Paramasivadoss, learned Standing Counsel, accepts notice for the respondents. With consent, this writ petition is taken up for final disposal at the admission stage itself.
2 This writ petition has been preferred seeking a writ of mandamus directing the respondent to pay the petitioner all his retirement benefits including Provident Fund, 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 stipulated time.
3 The petitioner joined the service of the respondent-Transport Corporation as Company Apprentice (Technical) with effect from 03.09.1981. He was promoted to the post of Senior Tradesman and he retired as such on reaching the age of superannuation on 31.01.2017. However, he was not paid with the aforesaid benefits. Ergo, the petitioner has addressed a representation dated 18.01.2017 to the first respondent, but, to no avail. Hence, he has preferred this writ petition for the relief, as aforestated.
4 In W.A.No.(MD)Nos.383 to 457 of 2015, [K.Rajendran and others Vs. Tamil Nadu State Transport Corporation, represented by its Managing Director, Madurai-10 and 3 others], involving similar set of facts, as obtaining in this case, a Division Bench of the Madurai Bench of Madras High Court, by order dated 12.06.2015, has directed payment of terminal benefits in 12 equal monthly instalments with interest at the rate of 6% p.a. The relevant portion of the said order reads thus:
The learned Additional Advocate General submits that he has obtained written instructions vide letter No.7945/B/2015-2 dated 11/06/2015 that the terminal benefits of the appellants would be settled through twelve equal monthly installments, carrying interest of 6% p.a.
2. The said statement is thus taken on record 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. Utta Haryana Bujli Vitran Nigam Limited & Ors [2014 (e) 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 instalments to be paid from July 2015 and each instalments should be paid on or before 7th of each month.
4. The Writ Appeals are disposed of accordingly. No costs. Consequently, the connected miscellaneous petitions are closed. 5 Following the same, the first respondent is directed to disburse the petitioner's retirement benefits, if any, on the basis of his representation dated 18.01.2017, in twelve equal monthly instalments and the first instalment shall commence from the first week of May 2017.
The writ petition stands disposed of with the above direction. Costs made easy.
15.03.2017 cad/gsk To The Managing Director, Tamil Nadu State Transport Corporation Ltd., 37, Mettupalayam Road, Coimbatore-641 043.
T. RAJA, J.
cad/gsk W.P. No.6161 of 2017 15.03.2017 http://www.judis.nic.in