R.Kuppusamy (P.R. No.9828) v. Tamil Nadu State Transport

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.02.2017

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.3897/2017 R.Kuppusamy ..Petitioner Vs Tamil Nadu State Transport Corporation Limited, 37, Mettupalayam Road, Coimbatore-641 043 represented by its Managing Director ..Respondent Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondent to pay the petitioner all his retirement benefits including Provident Fund, Gratuity, Leave Salary Amount and all other benefits with interest at the rate of 18% per annum and to grant him the interest at the rate of 18% p.a. for the belated settlement of his eligible benefits from the date of retirement to till date of settlement by the respondent within a time frame that may be fixed by this Court.

For Petitioner :

Mr.A.Rajendran For Respondent :

Mr.K.Venkataraman, Additional Advocate General assisted by 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 respondent.

The petitioner joined the services of the respondent Corporation as Conductor on 25.02.1980 and at the time of his retirement on 31.10.2016, he was working as Senior Grade Checking Inspector. The grievance of the petitioner is that though, a computation has been made calculating the Gratuity amount of Rs.4,94,542/- (approximate) and Leave Salary of Rs.52,785/- (approximate), the respondent has not settled the retirement benefits to the petitioner and in this regard, he had submitted a representation to the respondent dated 01.02.2017 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.K.Venkataraman, learned Additional Advocate General appearing for Mr.P.Kannan Kumar, Standing counsel appearing for the respondent. 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 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 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/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar tsi To The Managing Director, Tamil Nadu State Transport Corporation Limited, 37, Mettupalayam Road, Coimbatore-641 043.

+ 1 cc to Mr.P. Kannankumar, Advocate SR.10710 + 1 cc to Mr.A. Rajendiran, Advocate Sr.10322 W.P.No.3897/2017 SV(CO) EU 09.03.17