Yogeswaran Pillai v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :27.01.2020
CORAM
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.1435 of 2020 and WMP No.1700 of 2020
1. Yogeswaran Pillai
2. V.Chockalingam
3. V.Gunasekaran
4. R.Leelakrishnan
...Petitioners
Vs.
1. The Government of Tamil Nadu, Represented by its Secretary to Government, Transport Department, Secretariat, Chennai 600 009.
2. The Managing Director, Metropolitan Transport Corporation (Chennai) Limited, Pallavan Illam, Mount Road, Pallavan Salai, Chennai - 600 002.
3. The General Manager, Metropolitan Transport Corporation (Chennai) Limited, Pallavan Ilam, Mount Road, Pallavan Salai, Chennai 600 002.
4. The Administrator, Tamil Nadu State Transport Corporation Employees Provident Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai 600 002.
..Respondents Prayer:- Writ petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to settle the interest for the belated payment of retiral benefits such as Gratuity, Earned Leave, Commutation of Pension and Provident fund payable to the petitioners with 18% rate of interest within the time frame. For Petitioner : Mr.N.Sudhagar Nagaraj For Respondents : Mr.P.S.Sivashanmuga Sundaram Special Government Pleader for R1 Mr.D.Raghu Standing counsel for R2 to R4.
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ORDER
This writ petition has been filed for the issue of writ of Mandamus directing the respondents to settle the interest for the belated payment of retiral benefits. 2.
It is seen from records that the petitioners were working in the respondent corporation from the year 1987/1981/1982 respectively and they have all retired from service in the year 2018. The grievance of the petitioners is that their retirement benefits were settled with a very long delay only on 19.09.2019. The petitioners have therefore sought for interest for belated payment of Gratuity, Earned leave, commutation of pension and Provident Fund amount. Since the same was not granted, the present writ petition has been filed before this Court.
3.
Heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the respondents. 4.
A similar writ petition came to be filed before this Court seeking for a similar relief in WP(MD) No.23869 of 2019 and this Court has passed the following order :-
3. According to the petitioners, they lastly worked as Special Grade Driver, Special grade driver, Special Grade Conductor and Special Grade Driver respectively in the respondent Transport Corproation and retired from service on 30.06.2018, 31.07.2018, 31.07.2018 and 31.01.2019. Their terminal benefits were settled on 31.08.2019 with a long delay. The grievance of the petitioners is that, the respondents have not paid the interest for the delayed payment as per the Judgement of the first Bench of this Court, dated 12.06.2015 in W.A.(MD) Nos.383 to 457 of 2015. They have made representation to the respondents on 14.10.2019 and the respondents have not passed any orders on the representation. Hence, the petitioners have come out with the present writ petition. 5.
This issue has already been decided by the First Bench of this Court referred to above. In view of the same, the respondents are directed to pay the interest at the rate of 6% for the delayed payment in twelve
(12) equal installments on or before 10th day of every English calendar Month. The first installment is to be paid on or before 10th day of February, 2020. 5.
The above judgement, which in turn relied upon the earlier Division Bench Judgement, will squarely apply to the 2/3
facts of the present case also. In view of the same, the respondents are directed to pay interest at the rate of 6% for the delayed payment of the retiral benefits in 12 equal installments on or before 10th of every English calender month. The first installment is directed to be paid on or before the 20 th day of February 2020.
6.
This writ petition is disposed of with the above directions. No costs. Consequently, the connected miscellaneous petition is also closed.
Sd/- Assistant Registrar(C.O.) /True Copy/ Sub Assistant Registrar To
1. The Secretary to Government, Government of Tamil Nadu, Transport Department, Secretariat, Chennai 600 009.
2. The Managing Director, Metropolitan Transport Corporation (Chennai) Limited, Pallavan Illam, Mount Road, Pallavan Salai, Chennai - 600 002.
3. The General Manager, Metropolitan Transport Corporation (Chennai) Limited, Pallavan Ilam, Mount Road, Pallavan Salai, Chennai 600 002.
4. The Administrator, Tamil Nadu State Transport Corporation Employees Provident Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai 600 002. +4 cc to M/s.N.Sudhagar Nagaraj,Advocate Sr.No. 5940 +1 cc to The Government Pleader Sr.No. 6668 AKM/06.02.2020/3P-10C / W.P.No.1435 of 2020 3/3