C.Veerammal, v. The Tamil Nadu State
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.03.2017
CORAM:
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.5466 of 2017 C.Veerammal ..Petitioner Vs The Tamil Nadu State Transport Corporation (Salem ) Ltd., rep. By its Managing Director, No.12, Ramakrishna Road, Salem-7.
..Respondent Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondent to settle the petitioner's retirement benefits, including Provident Fund, Gratuity and Miscellaneous benefits payable to her along with monthly pension with reasonable rate of interest within the time that may be stipulated by this Court For Petitioner :
Mr.V.Ajoy Khose For Respondent :
Mr.R.K.Gandhi, Standing Counsel for Transport Corporation.
ORDER
By consent, the writ petition itself is taken up for final disposal. Mr.R.K.Gandhi, learned Standing counsel for Transport Corporation accepts notice on behalf of the respondent.
2. The petitioner joined in the service of the respondent Transport Corporation as Assistant Cook on 06.08.1986 and after putting in 30 years of service, she retired from service on 31.10.2016. According to the petitioner, though she retired from service, she is yet to be conferred with the benefits of retirement/terminal benefits such as Provident Fund, Gratuity and other retiral benefits. In this regard, she has also submitted a representation to the respondent dated 31.01.2017. Though it was received and acknowledged by the respondent, so far no orders have been passed. Hence, she came forward to file the present writ petition.
3. Heard the submissions of Mr.R.K.Gandhi, 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."
M.SATHYANARAYANAN,J.
vsi
5. In the light of the above facts and circumstances, the 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 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.
03.03.2017 Index :
Yes / No Internet :
Yes / No vsi To The Managing Director, Tamil Nadu State Transport Corporation (Salem ) Ltd.,No.12, Ramakrishna Road, Salem-7.
W.P.No.5466 of 2017