N. Kala, Staff No.A15203, v. The Prinicipal Secretary To
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.02.2017
CORAM:
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.1333 of 2017 N.Kala ... Petitioner Vs 1.The Principal Secretary to Government, Transport Department, Fort St. George, Chennai - 600 009.
2.The Managing Director, Metropolitan Transport Corporation (Chennai) Ltd., Pallavan Salai, Chennai- 600 002.
3.The Administrator, Tamil Nadu State Transport Corporation, Pension Fund Trust, Thiruvallurvar-House, Pallavan Salai, Chennai - 600 002.
... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 2nd and 3rd respondents to disburse the retirement benefits, viz., Earned Leave Salary amount of Rs.5,76,000/-, Pension Commutation Amount of Rs.3,67,000/- and Leave on Private Affairs amount of Rs.71,000/- the total comes to Rs.10,14,000/- (Rupees Ten Lakhs Fourteen Thousand only) with 18% interest on delayed payment to the petitioner the Senior Superintendent who has retired from service on 28.02.2014.
For Petitioner :
Mr.D.Veerasekaran For Respondents:
Mr.K.Venkataramani, Additional Advocate General, Assisted by Mr.K.Dhananjayan, Special Government Pleader for R1 Mr.P.Kannankumar for R2 & R3.
ORDER
By consent, the writ petition is taken up for final disposal.
2. The petitioner joined as a Junior Assistant in the services of the then Pallavan Transport Corporation on 01.04.1975 and after amalgamation, it became Metropolitan Transport Corporation (Chennai) Ltd., and the services of the petitioner has been absorbed to the said Corporation and got her promotion as Superintendent on 01.11.2007 and further promotion as Senior Superintendent on 01.11.2013 and after completing 39 years of service, she retired on 28.02.2014. The grievance expressed by the petitioner is that though she is entitled to get various retiral/terminal benefits such as EL Surrender Salary, Leave on Private Affairs and Pension Commutation, the same have not been settled and hence, the petitioner came forward to file the present writ petition.
3. 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.
4. Heard the submissions of Mr.K.Venkataramani, learned Additional Advocate General assisted by Mr.K.Dhananjayan, learned Special Government Pleader, who accepts notice on behalf of the first respondent and Mr.P.Kannankumar, learned Standing counsel who accepts notice on behalf of respondents 2 and 3 .
5. 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.133245/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."
6. In the light of the above facts and circumstances, the respondents are directed to settle the retiral/terminal benefits to the petitioner in twelve equal monthly installments commencing from 1st June, 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 respondents, apart from paying arrears of pension, shall also continue to pay the pension amount due and payable to the petitioner without any default.
7. The writ petition stands disposed of with the above direction. No costs.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar
To 1.The Principal Secretary to Government, Transport Department, Fort St. George, Chennai - 600 009.
2.The Managing Director, Metropolitan Transport Corporation (Chennai) Ltd., Pallavan Salai, Chennai- 600 002.
3.The Administrator, Tamil Nadu State Transport Corporation, Pension Fund Trust, Thiruvallurvar-House, Pallavan Salai, Chennai - 600 002.
+1cc to Mr.D.Veerasekaran, Advocate Sr.12460 +1cc to the Government Pleader Sr.13050 +2cc to Mr.P.Kannankumar, Advocate Sr.13333 W.P.No.1333 of 2017 svi[co] srg 14/03/2017