Madras High CourtWP/4894/2020disposed of

M.Venkatesalu v. The Managing Director,

2020-03-23Honourable Mr Justice V. Parthiban4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 09.03.2020 PRONOUNCED ON : 23.03.2020

CORAM

THE HONOURABLE MR. JUSTICE V.PARTHIBAN W.P.No.4894 of 2020 M.Venkatesalu ...

Petitioner Vs.

1.The Managing Director, Metropolitan Transport Corporation Ltd., Pallavan Illam, Pallavan Salai, Chennai-600 002 2.The Administrator, Tamil Nadu State Transport Corporation, Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai-600 002 ..

Respondents Petition filed under Article 226 of The Constitution of India praying for the issuance of a writ of Mandamus to direct the respondents to disburse the payments relating to Provident Fund, Gratuity, Commutation, Earned Leave 240 days & Old Medical Leave 51 days, 15 days Leave Surrender in the year 2016 to 2019, Labour Welfare Scheme amount and IRT Share amount with interest at 12% per annum with effect from 01.11.2019 within the stipulated time as fixed by this Court.

For Petitioner :Mr.N.Desinghu For Respondents :Mr.K.Moorthy, Standing Counsel

ORDER

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus to direct the respondents to disburse the payments relating to Provident Fund, Gratuity, Commutation, Earned Leave 240 days & Old Medical Leave 51 days, 15 days Leave Surrender in the year 2016 to 2019, Labour Welfare Scheme amount and IRT Share amount with interest at 12% per annum with effect from 01.11.2019 within the stipulated time as fixed by

this Court.

2.The case of the petitioner is that he joined the service of the Transport Corporation on 01.10.1988 as a Junior Assistant. Originally, he was appointed in the erstwhile Thiruvalluvar Transport Corporation (Chennai) Ltd. Thereafter, he was transferred to Metropolitan Transport Corporation (Chennai) Limited. On attaining the age of superannuation, the petitioner retired from service on 31.10.2019. At the time of retirement, the petitioner was serving as Senior Superintendent in the Head Office MACT section of the first respondent Corporation.

3. The grievance of the petitioner is that on his retirement, his terminal benefits which are admissible and due to him viz., Provident Fund, Gratuity, Commutation, Earned Leave, Old Medical Leave, Leave Surrender during 2016 to 2019, had not been settled and therefore, the petitioner has approached this Court seeking for issuance of a direction for settlement of his terminal benefits.

4. In response to the notice issued by this Court, Mr.K.Moorthy, the learned Standing Counsel entered appearance on behalf of the respondents.

5. The learned counsel appearing for the petitioner would submit that in respect of similar claim of the Transport employees, a learned Division Bench of this Court has directed the Transport Corporation to pay the dues payable to the retired employees in 12 equal monthly instalments with interest @ 6% p.a. Recently, a learned Single Judge of this Court, vide order dated 27.01.2020 in W.P.No.1435 of 2020, while following the directions of the learned Division Bench of this Court, has disposed of the Writ petition. The relevant portion of the order passed by the learned Single Judge of this Court as found in paragraph nos.4 to 6 is extracted hereunder: 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.

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.

The above judgement, which in turn relied upon the earlier Division Bench Judgement, will squarely apply to the 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 20th day of February 2020.

This writ petition is disposed of with the above directions. No costs. Consequently, the connected miscellaneous petition is also closed."

6. The learned counsel appearing for the petitioner would submit that a similar direction may be issued in this Writ Petition also.

7. In view of the above and since the issue raised in the present Writ petition is squarely covered by the decision of the learned Division Bench as well as the learned Single Judge of this Court mentioned above, the present Writ Petition is also disposed of, by giving the following directions: The terminal benefits as claimed by the petitioner, shall be disbursed to the petitioner after consolidating the claim under various heads and the same have to be settled in 12 equal monthly instalments commencing from the month of April 2020 and in view of the delay in payment of the terminal benefits, the same shall carry interest at 6% p.a. as

ordered by the learned Division Bench of this Court in the above referred Writ Appeal.

8. The Writ Petition is disposed of, accordingly. No costs.

Sd/- Assistant Registrar (CS-VI) //True Copy// Sub Assistant Registrar dn/suk To 1.The Managing Director, Metropolitan Transport Corporation Ltd., Pallavan Illam, Pallavan Salai, Chennai-600 002 2.The Administrator, Tamil Nadu State Transport Corporation, Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai-600 002 W.P.No.4894 of 2020 VBA(CO) GN(01/07/2020)