B.Sannan-Spl G.D-1013696, v. The Government Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.04.2017
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P.Nos.988 & 989 of 2017 B.Sannan ..
Petitioner in W.P.No.988 of 2017 N.Kamaraj ..
Petitioner in W.P.No.989 of 2017 -vs1. The Government of Tamil Nadu rep.by its Principal Secretary Transport Department Secretariat, Fort St.George Chennai 600 009 ..1st Respondent in both the writ petitions
2. The Manging Director Tamil Nadu State Transport Corporation (CBE) Ltd., Head Office No.37, Mettupalayam Road Coimbatore 641 043 .2nd Respondent in W.P.No.988 of 2017
3. The Managing Director Tamil Nadu State Transport Corporation (VPM) Limited 3/137 Salamedu Valuthareddy Post Villupuram 605 602 ..2nd Respondent in W.P.No.989 of 2017
4. The Administrator Tamil Nadu State Transport Corporation Pension Fund Trust Thiruvalluvar House, Pallavan Salai Chennai 600 002 .. 3rd Respondent in W.P.No.989 of 2017 W.P.No.988 of 2017 is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents to settle the retirement benefits payable to the petitioner, namely, Gratuity, Encashment of Leave Salary (EL), pending in service Leave salary for 45 days, Provident Fund, Social Security Scheme, Settlement Arrears
and other eligible terminal benefits with interest of 18% on delayed payment to the petitioner from 30.06.2015 the date of retirement to till the date of settlement of the terminal benefits to the petitioner by following the order passed in W.A. (MD) Nos.383 to 457 of 2015 dated 12.06.2015. W.P.No.989 of 2017 is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents to settle the retirement benefits payable to the petitioner, namely, Gratuity, Commutation of Pension, Encashment of Leave Salary (EL), Subscription amount of Engineering College and Medical College, Pension DA arrears, DA arrears, Settlement arrears, Retirement Benefits Scheme after having taking into account the enhanced dearness allowance and other eligible terminal benefits with interest of 18% on delayed payment to the petitioner from 31.01.2016 the date of retirement to till the date of settlement of the terminal benefits to the petitioner by following the order passed in W.A.(MD) Nos.383 to 457 of 2015 dated 12.06.2015.
For Petitioners:: Mr.V.S.Jagadeesan in both the petitions For Respondents:: Mr.K.Venkataramani Additional Advocate General assisted by Mr.K.Dhananjayan Special Government Pleader for the State for R1 in both Wps. & and Mr.P.Kannankumar for the Transport Corporation in both the petitions
ORDER
The petitioners, having retired from service as Drivers in the respondent Corporation on 30.6.2015 & 30.1.2016 respectively, have filed these writ petitions seeking a direction to the respondents to settle all the retiral benefits payable to them, namely, namely, Gratuity, Encashment of Leave Salary, pending in service Leave salary for 45 days, Provident Fund, Social Security Scheme, Settlement Arrears, etc., with interest at 18% per annum.
2. Mr.K.Venkataramani, learned Additional Advocate General assisted by Mr.K.Dhananjayan, learned Special Government Pleader for the State and Mr.P.Kannankumar, learned standing counsel for the Transport Corporation submitted that since there has been a direction issued by the Hon'ble Division Bench in W.A.(MD) Nos.383 to 457 of 2015 dated 12.6.2015 directing the Corporation to disburse all the retiral benefits in twelve equal monthly instalments with 6% interest per annum, a similar direction may be issued in these writ petitions also.
3. This Court, recording the statement made by the learned Additional Advocate General for the respondents, taking note of the Hon'ble Division Bench judgment in W.A.(MD) Nos.383 to 457 of 2015 dated 12.6.2015 (K.Rajendran and others v. The Tamil Nadu State Transport Corporation (Madurai) Limited represented by its Managing Director, Madurai and others) directing the respondents to settle all the retirement benefits in twelve equal monthly instalments with 6% interest per annum, hereby directs the respondents to settle the entire retirement benefits due and payable to the petitioners through twelve equal monthly instalments carrying interest of 6% p.a. The instalments should commence from June, 2017 and each of the instalments should be paid on or before 7th of each month. In case of any delay in the payment of the instalments, the interest payable would become 18% p.a. for the delayed period apart from any other remedy which may be available to the petitioners for such non-payment of the instalments. With this direction, the writ petitions are disposed of accordingly. No costs.
-Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar To
1. The Principal Secretary to Government Transport Department Secretariat, Fort St.George Chennai 600 009
2. The Manging Director Tamil Nadu State Transport Corporation (CBE) Ltd., Head Office No.37, Mettupalayam Road Coimbatore 641 043
3. The Managing Director Tamil Nadu State Transport Corporation (VPM) Limited 3/137 Salamedu Valuthareddy Post Villupuram 605 602
4. The Administrator Tamil Nadu State Transport Corporation Pension Fund Trust Thiruvalluvar House, Pallavan Salai Chennai 600 002 + 2 cc to Mr.V.S.Jagadeesan, Advocate Sr.No.19575 + 1 cc to The Government Pleader Sr.No.20224 + 3 ccs to Mr.P.Kannan Kumar, Advocate Sr.No.19845 W.P.Nos.988 & 989 of 2017 VGI(CO) RRI 21/04/2017