K.Subramani, Retd. Spl. Gr. v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.02.2017
CORAM:
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.3085/2017 K.Subramani ..
Petitioner Vs The Managing Director Tamil Nadu State Transport Corporation [Coimbatore Divisoin] Ltd., 37, Mettupalayam Road, Coimbatore 641043. ..
Respondent Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondent to settle the entire retirement benefits of the petitioner, i.e., Gratuity amount of Rs.4,37,202/- + Leave Encashment [EL] amount sum of Rs.12,191/-, Totally sum of Rs.4,49,393/- + arrears of amounts as per 12[3] settlement with effect from 01.09.2013 to till the date of retirement, i.e., 31.03.2014 and other benefits and enhanced dearness allowances along with 18% interest on delayed payment from 01.04.2014 to till the date of disbursement of the terminal benefits to the petitioner.
For Petitioner :
Ms.S.A.Mahisha Krithika For Respondent :
Mr.P.Kannan Kumar
ORDER
By Consent, the writ petition is taken up for final disposal. Mr. P.Kannan Kumar, learned co,unsel, accepts notice on behalf of the respondent.
The petitioner joined the services of the respondent / Corporation as a Driver on 02.07.1986 and after completing 28 years of service, he had retired from service on 31.03.2014. The grievance expressed by the petitioner is that despite his retirement, the retiral/terminal benefits such as Gratuity, Leave Encashment, Arrears of amounts from 01.09.2013 to 31.03.2014 [as per 12[3] Settlement] etc., have not been settled and in this regard, the petitioner has submitted a representation dated 07.09.2016 to the respondent and though the said representation was received and acknowledged, so far no orders have been passed and therefore, the petitioner came
forward to file the present writ petition.
The learned counsel appearing for the petitioner would submit that a similar issue arose for consideration before a Division Bench of this Court in WA[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] and the Division Bench, vide judgment dated 12.06.2015, has ordered the amounts to be paid in twelve equal monthly instalments with an interest @ 6% per annum and also with a default interest and prays for similar orders. Heard the submissions of Mr.P.Kannan Kumar, learned Standing counsel, appearing for the respondent. This Court has taken into consideration the said judgment and also the stand of the respondents including the Administrative Department in its order dated 19.01.2017 made in WP.No.42555/2016 [A.Annamalai Vs.
The Managing Director, Tamil Nadu State Transport Corporation Limited, Salem and others] and issued necessary directions and for the purpose of disposal of the cases, it is relevant to extract the common judgment made in the above cited writ appeal :- "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." 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 May 2017 bearing 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 pension amount due and payable to the petitioner without any default. The writ petition stands disposed of with the above direction. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar AP To 1 The Managing Director Tamil Nadu State Transport Corporation [Coimbatore Divisoin] Ltd., 37, Mettupalayam Road, Coimbatore 641043.
Copy to:
2 The Chief Secretary to Govt., Govtment of Tamil nadu, Secretariat Fort St. George, Chennai 9 3 The Secretary to Govtment Govt., of Tamil Nadu Transport Department Secretariat Fort St. George, Chennai 9 pvs(CO) md(01/03/2017) W.P.No.3085/2017