K.Natarajan (P.R.No.11144), v. Tamil Nadu State Transport

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 16.08.2018 Coram The Hon'ble Mr.Justice Satrughana Pujahari Writ Petition Nos.21044 and 21045 of 2018

1. K.Natarajan

...Petitioner in W.P.No.21044 of 2018

2. T.N.Sadasivam

...Petitioner in W.P.No.21045 of 2018

Vs Tamil Nadu State Transport Corporation Ltd., 37, Mettupalayam Road, Coimbataore - 641 043, rep. by its Managing Director.

...Respondent in both

W.Ps.

Writ Petitions filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus directing the respondent to pay the petitioners all the retirement benefits including Provident Fund, Gratuity, Leave Salary amount and other benefits with interest at the rate of 18% per annum from the date of retirement to till the date of settlement by the respondent within the time frame that may be fixed by this Court.

For Petitioner in both W.Ps. :Mr.A.Rajendiran For Respondent in both W.Ps. :Mr.P.Kannan Kumar Standing Counsel COMMON ORDER Heard Mr.A.Rajendiran, learned counsel appearing for the petitioners and Mr.P.Kannan Kumar, the learned Standing Counsel, who accepts notice on behalf of the respondent. On consent of the learned counsel for the parties, both the Writ Petitions are taken up for disposal.

2.

The grievance of the petitioners, in both the Writ Petitions is that, though they retired from the service of the respondent, Tamil Nadu State Transport Corporation Limited dates back on 30.03.2018 and 30.04.2018 respectively, they have not

been released with the retiral benefits. Even the representations made by them in this regard, have evoked no response. They being superannuated employees, are at the brink of starvation. Hence, they have come to this Court seeking writ of mandamus directing the respondent to settle them the retiral benefits with interest at the rate of 18% per annum for the delay in settlement of the same.

3.

The learned counsel appearing for the petitioners would submit that, in similar cases, ie., in the case of K.Rajendran and others Vs. Tamil Nadu State Transport Corp. and others in W.A.(MD) Nos.383 to 457 of 2015, dated 12.06.2015, this Court has directed for release of such benefits with interest at the rate of 6% in 12 monthly installments. Hence, the case of the petitioners is also covered by the same. Therefore, his prayer be allowed in terms of the said order of this Court. 4.

The learned Standing Counsel appearing on behalf of the respondent would submit that the case of the petitioners shall be considered in the light of the decision rendered by the First Bench of this Court, in the case of K.Rajendran (cited supra) within a stipulated period.

5.

It appears that the petitioners have retired in the recent past. Also representations in this regard have been made only on 01.08.2018. Therefore, it cannot be said that the respondent is guilty of inaction in not considering their representations.

However, the petitioners being retired employees, who admittedly retired in the month March/April, 2018, they are entitled to the legitimate retirement dues from the date of their retirement, if there is no other legal impediment in this regard within a reasonable period. But the Transport Corporation due to financial constrain, as submitted by the learned Standing Counsel appearing on its behalf, is unable to release the same in lumpsum but releasing the same in installments. The learned counsel appearing for the petitioners also have no objection for release of the retiral benefits on installment basis, but, he submits that first installment must be released within a month.

6. Regard been had to the aforesaid facts and the submissions made, this Court disposes of both the Writ Petitions with a direction to the respondent to release the retiral benefits to the petitioners, to which, they are legally entitled to, in installments, working out their entire claim and the first installment must be paid to them on or before 05.10.2018 followed by next monthly installments on or before 5th of every

succeeding month. In case of delay in making such payments, the petitioner is entitled to the interest at the rate of 18%, as directed by this Court in the batch of Writ Petitions (cited supra) from the date of default of such installment till the date of its clearance. No costs.

s/d- Assistant Registrar(CS VIII) True Copy Sub-Assistant Registrar To Tamil Nadu State Transport Corporation Ltd., rep. by its Managing Director.

37, Mettupalayam Road, Coimbataore - 641 043, +2 Ccs to Mr.A. Rajendiran, advocate sr 56321 & 56322. +2 Ccs to Mr.P. Kannan Kumar, Advocate sr 56462 & 56463. Writ Petition Nos.21044 and 21045 of 2018 SJ(CO) SP(18/09/2018)