G.Gunasekaran, v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.02.2017
CORAM:
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.2506/2017 G.Gunasekaran ..Petitioner .Vs.
1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Limited, Vazhuthareddy, Villupuram-605 602.
2.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Limited, Thiruvannamalai Region, Thiruvannamalai.
3.The Administrative Officer, Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai-600 002. .. Respondents Prayer in W.P.No.2506/2017:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to settle the petitioner's retirement benefits including Gratuity, Commutation, EL Surrender, ML Surrender, DA arrears and ERBS Pension and in other benefits etc., with interest at the rate of not less than 18% per annum payable from the date of retirement and consequently directing the respondents to pay interest at the rate of 18% per annum for the belated settlement of retirement benefits to the petitioner payable from the date of retirement i.e.,31.05.2014 to till date of actual payment to the petitioner within the time that may be stipulated by this Court.
For Petitioner : Mr.V.Dhandapani For Respondents : Mr.P.Kannan Kumar
ORDER
By consent, the writ petition is taken up for final disposal. Mr.P.Kannan Kumar, learned counsel accepts notice on behalf of the respondents.
The petitioner joined the service in Puratchi Thalaivar MGR Transport Corporation, Kanchipuram Limited, at Vandavasi Depot, as a Driver on 01.08.1992 and at the time of his retirement, he was working as Special Grade Driver at Vandavasi Depot-I in the services of the Tamil Nadu State Transport Corporation, and was drawing a salary of Rs.27,954/-. The petitioner was paid with a sum of Rs.1,52,000/- by way of Provident Fund on the date of his retirement on 31.05.2014 ; but he is yet to be disbursed with the following terminal benefits, viz., Gratuity, Commutation, EL surrender, ML Surrender, DA Arrears, ERBS arrears. The petitioner, in this regard, has submitted a representation on 25.01.2017 to the respondents and despite the 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 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." in the light of the above facts and circumstances, the 2nd respondent is directed to settle the retiral/terminal benefits to the petitioners in twelve equal monthly installments commencing from 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 petitioners without any default. The writ petition stands disposed of with the above direction. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar
AP To 1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Limited, Vazhuthareddy, Villupuram-605 602.
2.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Limited, Thiruvannamalai Region, Thiruvannamalai.
3.The Administrative Officer, Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai-600 002.
+3cc to Mr.V. Dhandapani, Advocate, S.R.No.6687 +2cc to Mr.P. Kannan kumar, Advocate, S.R.No.7410 +1cc to the Government Pleader, S.R.No.7291 rj(CO) md(17/02/2017) W.P.No.2506/2017