P.Natesan v. Tamil Nadu State Transport Corporation(Salem)Ltd.,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.06.2022 CORAM :
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.NOS.15046, 15051 AND 15055 OF 2022 P.Natesan
...Petitioner in W.P.No.15046 of 2022
I.Ranganathan
...Petitioner in W.P.No.15051 of 2022
T.Murugesan
...Petitioner in W.P.No.15055 of 2022
Vs.
1.Tamil Nadu State Transport Corporation (Salem) Ltd., Rep. by its Managing Director, No.12, Ramakrishna Road Salem-7.
2.Tamil Nadu State Transport Corporation Employees' Pension Fund Trust Rep. by its Administrator Thiruvalluvar Illam Pallavan Salai, Chennai-600 002.
...Respondent in all W.Ps
Prayer in W.P.No.15046 of 2022 : Writ petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus, directing the respondent to pay the petitioner interest for the belated payment of terminal benefits, namely P.F, earned leave salary, commuted value of pension and Gratuity and to pay wages towards 30 days of earned leave surrendered by the petitioner, together with interest at the rate of 12% for all above benefits, within a specified time frame fixed by this Court.
Prayer in W.P.No.15051 of 2022 : Writ petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus, directing the respondent to pay the petitioner interest for the belated payment of terminal benefits, namely P.F, earned leave salary, commuted value of pension and Gratuity and to pay wages towards 30 days of earned leave surrendered by the petitioner, together with interest at the rate of 12% for all above benefits, within a specified time frame fixed by this Court.
Prayer in W.P.No.15055 of 2022 : Writ petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus, directing the respondent to pay the petitioner interest for the belated payment of terminal benefits, namely P.F, earned leave salary and Gratuity and to pay wages towards 30 days of earned leave surrendered by the petitioner, together with interest at the rate of 12% for all above benefits, within a specified time frame fixed by this Court.
In all cases For Petitioner :
Mr.V.Porkodi For Respondents :
Mr.C.Ganthamaraj Standing Counsel for R1 Mr.C.S.K.Sathish Standing Counsel for R2 COMMON ORDER The relief sought for in all the writ petitions is for a Mandamus seeking direction to the respondent to pay the petitioners interest for the belated payment of terminal benefits, namely P.F, earned leave salary, commuted value of pension and Gratuity and to pay wages towards 30 days of Earned Leave surrendered by the petitioners, together with interest at the rate of 12% for all above benefits, within a specified time fixed by this Court.
2. The facts and circumstances and the issues involved in all the writ petitions are one and the same. Hence, this Court passes the common order.
3. Heard the learned Counsel appearing for the petitioners and the learned Standing Counsels appearing for the respondents.
4. The petitioners were working as Special Grade Senior Driver under the respondent Transport Corporation and they retired from service on attaining the age of superannuation during the year 2018 and 2020. But, the respondent Corporation has settled the retirement benefits to the petitioners belatedly, without any interest. Further, the respondents have not paid the amount towards the enchashment of Earned Leave surrendered by the petitioners. Hence, they made their individual representations, but the respondents had neither chosen to give any reply nor to settle the amount. Hence, the writ petitions have been filed.
5.The learned Standing Counsels appearing for the respondents fairly accepted the fact that the respondent Corporation have settled the retirement benefits to the
petitioners belatedly. However, as per the earlier orders passed by this court in similar matters, the petitioners are entitled for interest only at the rate of 4% per annum for the belated payment of retirement benefits. He further submitted that, as far as the representation with regard to the payment towards encashment of Earned Leave is concerned, the same will be considered by the authorities concerned and appropriate orders will be passed.
6. In view of the above submissions and with the consent of both parties, it is ordered as follows.
i) The 1st respondent is directed to pay penal interest to the petitioners at the rate of 4% per annum for the belated payment of retirement benefits, within a period of twelve weeks from the date of receipt of a copy of this order, subject to the condition that if the petitioners have not already given up their right for claiming interest for the retirement benefits. It is also made clear that in default, the respondentCorporation shall have to pay the interest amount at the rate of 6% per annum to the petitioners.
ii) In so far as the payment towards encashment of Earned Leave is concerned, the 1st respondent is directed to consider the representations of the petitioners and to pass orders, on its own merits, in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.
7. With the above directions, the writ petitions are disposed of at the admission stage itself. No costs. Sd/- Assistant Registrar(CS-III) // True Copy // Sub Assistant Registrar uma To The Managing Director, Tamil Nadu State Transport Corporation (Salem) Ltd., No.12, Ramakrishna Road, Salem-7.
+1cc to Mr.C.Gowtham Raj, Advocate Sr.No.37800 +1cc to Mr.C.S.K.Sathish, Advocate Sr.No.37145 +3ccs to Mr.V.Ajoy Khose, Advocate Sr.No.37233, 37234 & 37235 W.P.Nos.15046, 15051 &15055 of 2022 PA(CO) RVM(13/07/2022)