S.Karunakaran, v. The Management Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.02.2017
CORAM:
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.3825/2017 S.Karunakaran ..
Petitioner Vs 1.The Management of Tamil Nadu State Transport Corporation [Kovai] Ltd Managing Director, Coimbatore.
2.The Administrator Tamil Nadu State Transport Corporation Employees' Pension Fund Trust Thiruvalluvar Illam, Anna Salai Chennai-2.
..
Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 1st respondent to pay the petitioner Rs.5,14,112/- towards Gratuity, together with 18% interest per annum along with interest amounts towards the delayed payment of EPF Employees Contribution Rs.4,37,629/- for the period from 31.08.2014 to 22.12.2014 at the same rate and further directing the respondents to pay him arrears of pension, for the period from 01.09.2014 by revising his pension, together with 18% interest per annum after calculating all his terminal/retiral benefits based on the monthly wages payable to him on the month of his retirement ie., August2014 by revising the same as per the Settlement dated 13.04.2015, as ordered by the Division Bench of this Court in its order dated 29.01.2016 in WA[MD] No.1457/2015 etc., batch. For Petitioner :
Mr.V.Ajaykhose For Respondents:
Mr.P.Kannan Kumar
ORDER
By consent, the writ petition is taken up for final disposal. Mr.P.Kannan Kumar, learned Standing counsel accepts notice on behalf of the respondents. The petitioner was appointed as Driver in the services of the 1st respondent / Transport Corporation on 11.12.1986 and after completion of 27 years of service, he
retired from service on 31.08.2014 as Special Grade Driver [Staff No.86DR1-012885] at the Coimbatore Region of the respondent / Corporation. The grievance expressed by the petitioner is despite his retirement as early as on 31.08.2014, the retiral/terminal benefits such as Gratuity, interest on delayed payment of EPF Employees Contribution, arrears of pension etc., the same have not been paid and in this regard, he had submitted a representation to the 1st respondent dated 17.12.2016 and despite receipt and acknowledgment, no orders have been passed and hence, 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 respondents. 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 noncompliance 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 1st 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 1st 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/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar To 1.The Managing Director, Management of Tamil Nadu State Transport Corporation [Kovai] Ltd Coimbatore.
2.The Administrator Tamil Nadu State Transport Corporation Employees' Pension Fund Trust Thiruvalluvar Illam, Anna Salai Chennai-2.
+1 cc to Mr.V.Ajoykhose,advocate,sr.10050 +1 cc to Mr.K.Kannankumar,advocate,sr.10708.
rsy(co) krd 20/3 W.P.No.3825/2017