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Madras High CourtWP/4118/2017disposed of

N.Nagalingam, Staff No.A 11177 v. The Principal Secretary To

2017-02-20Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.02.2017

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.4118 of 2017 N.Nagalingam ..Petitioner Vs

1. The Principal Secretary to Government, Transport Department, Fort St.George, Chennai - 600 009.

2. The Managing Director, Metropolitan Transport Corporation(Chennai) Ltd., Pallavan salai, Chennai - 600 002

3. The Administrator, Tamil Nadu State Transport Corporation, Pension Fund Trust, Thiruvallurvar - 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 to direct the 2nd and 3rd respondents to disburse the retirement benefits viz., Earned Leave Surrender Salary Amount of Rs.5,36,000/- Pension Commutation Amount of Rs.3,35,000/- IRT Contribution Amount of Rs.4,600/- Gratuity difference amount of Rs.1,90,000/- settlement Arrears Amount of Rs.1,02,000/- the total comes to Rs.11,62,600/- (Rupees Eleven lakhs Sixty two thousand and six hundred only) with 18% interest on delayed payment to the petitioner the Senior Trades Man Staff No.A11177 who has retired from service on 30.11.2014. For Petitioner :

Mr.D.Veerasekaran For Respondents :

Mr.K.Dhananjayan, Special Government Pleader for R1 Mr.P.KannanKumar, Standing Counsel for Transport Corporation for R2 & R3

O R D E R

By consent, the writ petition is taken up for final disposal. Mr.K.Dhananjayan, learned Special Government Pleader accepts on behalf of the 1st respondent and Mr.P.Kannan Kumar, learned Standing counsel for Transport Corporation accepts notice on behalf of the 2nd and 3rd respondents.

2.The petitioner joined the service of the Pallavan Transport Corporation as a Helper on 07.06.1982 and after amalgamation of Ambedkar Transport Corporation Limited with Pallavan Transport Corporation Limited, the then Corporation was renamed as Metropolitan Transport Corporation (Chennai) Ltd. The petitioner got upgraded as Senior Trades Man on 01.11.2009 and after completion of 32 years of service, he retired on 30.11.2014. According to the petitioner, on his retirement, he is entitled to terminal / retirement benefits such as E.L.Surrender salary, Gratuity difference amount, Commutation Amount, IRT contribution amount and settlement Arrears but he is not conferred with the said benefits and hence, came forward to file the present writ petition. 3.Heard the submissions of learned counsel for the petitioner, Mr.K.

Dhananjayan, learned Special Government Pleader appearing for the 1st respondent and Mr.P.Kannan Kumar, learned Standing counsel appearing for the 2nd and3rd 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 2nd respondent is directed to settle the retiral/terminal benefits to the petitioner in twelve equal monthly installments commencing from 1st June 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 2nd respondent, apart from paying arrears of pension, shall also continue to pay the monthly pension amount to the petitioner on time without any default.

6.The writ petition stands disposed of with the above direction. No costs.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar vsi To

1. The Principal Secretary to Government, Transport Department, Fort St.George, Chennai - 600 009.

2. The Managing Director, Metropolitan Transport Corporation(Chennai) Ltd., Pallavan salai, Chennai - 600 002

3. The Administrator, Tamil Nadu State Transport Corporation, Pension Fund Trust, Thiruvallurvar - House, Pallavan Salai, Chennai - 600 002.

+1 CC to Mr.D.Veerasekaran, Advocate Sr.No.10703 +1 CC to Government Pleader, High Court, Chennai Sr.No.11158 +1 CC to Mr.P.KannanKumar, Advocate Sr.No.11353 W.P.No.4118 of 2017 VGI(CO) vs(16.03.2017)