A.Baskaran, Staff No.41225 v. The Managing Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.02.2017
CORAM:
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.902 of 2017 A.Baskaran
...Petitioner
Vs
1. The Managing Director, (Villupuram) Limited, Vazhuthareddy, Villupuram - 605 602
2. The General Manager, (Villupuram) Limited, Kancheepuram Region, Kancheepuram
3. The Administrator, 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 for issuance of a Writ of Mandamus directing the respondents to settle the petitioner's retirement benefits including Gratuity, Commutation, Leave Surrender (EL & ML), D.A. Arrears, RBS arrears and IRT amount with interest at the rate of not less than 18% per annum payable from the date of retirement and consequently direct the respondents to pay interest at the rate of 18% per annum for the belated settlement of retirement benefits to the petitioner payable from the date of retirement i.e., 31.12.2015 to till date of actual payment to the petitioner within the time that may be stipulated by this Court.
For Petitioner :
Mr.V.Dhandapani For Respondents: Mr.K.Venkataramani, Additional Advocate General assisted by Mr.P.Kannan Kumar.
ORDER
By consent, the writ petition is taken up for final disposal. Mr.K.Venkataramani, learned Additional Advocate General assisted by Mr.P.Kannan Kumar, learned Standing counsel for Transport Corporation accepts notice on behalf of the respondents.
2. The petitioner was appointed as Driver in the Pattukottai Alagiri Transport Corporation Ltd., Vellore at Thiruthani Depot on 18.06.1988 and he retired from service on 31.12.2015 as Special Grade Driver at Chengalpttu-I Depot. According to the petitioner, he is yet to be conferred with the benefits of retirement/terminal benefits such as Gratuity, commutation, EL surrender, M.L. Surrender, D.A. Arrears for pension trust, RBS arrears and IRT amount etc. Hence, he came forward to file the present writ petition.
3. Heard the submissions of K.Venkataramani, learned Additional Advocate General assisted by Mr.P.Kannan Kumar, learned Standing counsel appearing for the respondents.
4. The Division Bench of this Court in Writ Appeal[MD]No.383 to 457/2015 [K.Rajendran and others Vs. The Tamil Nadu State Transport Corporation, Madurai Limited rep. by the Managing Director, Madurai-10 and others] has considered the similar issue and by a common judgment dated 12.06.2015, has passed the following order.
"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 (9) 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. In the light of the above facts and circumstances, the 1st respondent is directed to settle the retiral/terminal benefits to the petitioner in twelve equal monthly installments commencing from 1st May 2017 with interest at the rate of 6% per annum and in the event of default, the interest payable will become 18% per annum. The 1st respondent, apart from paying arrears of pension, shall also continue to pay the monthly pension amount to the petitioner in time without any default.
6. The writ petition stands disposed of with the above direction. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vsi To
1. The Managing Director, (Villupuram) Limited, Vazhuthareddy, Villupuram - 605 602
2. The General Manager, (Villupuram) Limited, Kancheepuram Region, Kancheepuram
3. The Administrator, Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
+1cc to Mr.Kannan Kumar, Advocate, S.R.No.8504 +1cc to Mr.Dhandapani, Advocate, S.R.No.7771 AK(CO) RS(27/02/2017) W.P.No.902 of 2017