Madras High CourtWP/14950/2022disposed of

K.Lakshmi Narayanamoorthi,Staff No. Cr2373 v. Tamil Nadu State Transport Corporation

2022-06-16Honourable Mr Justice D. Krishnakumar7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.NO.14950, 14953, 14954, 14955, 14956 AND 14958, OF 2022 WP.NO.14950 of 2022:

1 K.Lakshmi Narayanamoorthi Staff No. CR2373 S/o.Krishnan No.56 /2 Yerikarai Adivaaram Bodinayakanpatti P.O Sooramangalam Salem- 636 005.

1 Tamil Nadu State Transport corporation (Salem) Ltd Gratuity and to pay wages towards 90 days of earned leave

WP.NO.14953 of 2022:

1 E.Vijayamohan Staff No.DR.18 94 S/o.Ethiraju Naidu No.24/ 5 Nadutheru Kalappanaickenpatti P.O Senthamangalam Taluk Namakkal - 637 001.

Tamil Nadu State Transport corporation (Salem) Ltd Gratuity and to pay wages towards 45 days of earned leave WP.NO.14954 of 2022:

1 A.Elango Staff No. AR0682 S/o.Anantha Kander No.77-A Poyyeri Kuppuchipalayam P.O Namakkal District- 638 182.

Tamil Nadu State Transport corporation (Salem) Ltd

Gratuity and to pay wages towards 30 days of earned leave WP.NO.14955 of 2022:

1 N.Venkatachalam Staff No. F DO122 S/o.Narayanasamy No.137/ 109C Va.Vu.

Si.Nagar Puthupettai PO Aathur Salem District- 636 003.

Tamil Nadu State Transport corporation (Salem) Ltd Gratuity and to pay wages towards 30 days of earned leave

WP.NO.14956 of 2022:

1 C.Subramanian Staff No. DR3 323 S/o.Chidambaram No.4 / 267 Alanganatham Senthamangalam Taluk Namakkal Distirct- 637 013.

Tamil Nadu State Transport corporation (Salem) Ltd Gratuity and to pay wages towards 15 days of earned leave WP.NO.14958 of 2022:

1 D.Arumugam Staff No.DR2538 S/o.Duraisamy Pillai No.2 / 14 Perumal Kovil Veethi Siththeri P.O Thalaivasal Taluk Salem- 636 101 Tamil Nadu State Transport corporation (Salem) Ltd

Gratuity and to pay wages towards 45 days of earned leave In all writ petitions For Petitioner : Ms.V.Porkodi For Respondents : Mr.C.Gauthamaraj, Standing Counsel for R1 Mr.C.S.K.Sathish for R2 COMMON ORDER By consent of counsels to both the parties, this writ petition is disposed of today at the admission stage itself.

2. The facts and circumstances of the case and the issues involved in all the writ petitions are one and the same and hence, this Court passes the common order.

3. All the writ petitions have been filed to issue a Writ of Mandamus, directing the respondents to pay interest for the belated payment of retirement benefits and to pay wages towards the earned leave surrendered by the petitioners along with interest, within the stipulated time, as may be fixed by this court.

4. The case of the petitioner in brief:

The petitioners were working as Conductor/Driver/Assistant in the respondent Corporation and they retired from service in

the year 2018, 2019 and 2020. But the retirement benefits, i.e. Provident Fund, Gratuity, Earned Leave Salary and Commutation were paid to the petitioners belatedly, without any interest. Further, the respondents have not paid the wages towards the Earned Leave surrendered by the petitioners. Hence the petitioners made their respective representations, but the same were not considered by the respondents. Hence the writ petitions.

5. The learned Standing Counsel appearing for the respondent Corporation 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 wages towards Earned Leave surrendered by the petitioners are 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 respondent is directed to pay penal interest 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 respondent-Corporation shall have to pay the interest amount at the rate of 6% per annum to the petitioners.

ii) In so far as the prayer with regard to the wages towards Earned Leave surrendered by the petitioners are concerned, the 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 months from the date of receipt of a copy of this order.

7. With the above directions, the writ petitions in W.P.14950, 14953, 14954, 14955, 14956 and 14958 of 2022 are disposed of at the admission stage itself. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mst

1. The Managing Director, The Tamil Nadu State Transport Corporation (Salem) Limited, No.12, Ramakrishna Salai, Salem 636 007.

2. The Administrator, Tamil Nadu State Transport Corporation, Employees' Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai. +1cc to Mr.C.S.K.Sathish, Advocate, S.R.No.37146 +5ccs to Mr.V.Ajoy Khose, Advocate, S.R.No.36255 to 36257, 36259, 36260 W.P.Nos.14950, 14953, 14954, 14955, 14956, and 14958 of 2022 AKII(CO) PM/12/07/2022