N.Sivaramasethu v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.02.2017
CORAM:
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.2766 of 2017 N.Sivaramasethu ..Petitioner Vs 1.The State of Tamil Nadu, Rep.by its Principal Secretary, Transport Department, Fort St.George, Chennai-600 009.
2.The Managing Director, State Express Transport Corpn.,(TN)Ltd., Chennai-600 002.
3. The Administrator, Tamil Nadu State Transport Corporation, Retired Employees Provident Fund, Pallavan 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 second respondent to disburse the retirement benefits with interest as described in the petitioner's representation dated 11.11.2016.
For Petitioner :
Mr.A.Murugan For Respondents: Mr.K.Dhananjayan, Spl.G.P. for R1 Mr.P.Paramasivadoss for R2 & R3.
ORDER
By consent, the writ petition is taken up for final disposal. Mr.K.Dhananjayan, learned Special Government Pleader and Mr.P.Paramasivadoss, learned Standing counsel accepts notice on behalf of the respondents.
2. The petitioner joined the services of the 2nd respondent as a Conductor on 01.09.1987 and on attaining the age of superannuation, he retired from service on 31.05.2016 as a Selection Grade Senior Conductor. According to the petitioner, at the time of his retirement, he is entitled to the retiral/terminal benefits such as Leave Salary, Provident Fund,
Gratuity Penal Interest, Computation and interest and social security scheme etc., and since the said benefits have not been disbursed, he had submitted a representation to the 2nd & 3rd respondents dated 11.11.2016 and despite receipt and acknowledgment, no orders have been passed and hence, came forward to file the present writ petition.
3. Heard the submissions of Mr.K.Dhananjayan, learned Special Government Pleader and Mr.P.Paramasivadoss, learned Standing counsel appearing for the respondents.
4. The Division Bench of this Court in Writ Appeal[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] has considered the similar issue and by a common judgment dated 12.06.2015, has passed the following order.
"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 (9) 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."
5. In the light of the above facts and circumstances, the 2nd respondent is directed to settle the retiral/terminal benefits to the petitioner in twelve equal monthly installments commencing from 1st May 2017 with interest at the rate of 6% per annum and in the event of default, the interest payable will become 18% per annum. The 2nd respondent, apart from paying arrears of pension, shall also continue to pay the monthly
pension amount to the petitioner in time without any default.
6. The writ petition stands disposed of with the above direction. No costs.
-s/dAssistant Registrar True Copy Sub-Assistant Registrar vsi To 1.The Principal Secretary, State of Tamil Nadu, Transport Department, Fort St.George, Chennai-600 009.
2.The Managing Director, State Express Transport Corpn.,(TN)Ltd., Chennai-600 002.
3. The Administrator, Tamil Nadu State Transport Corporation, Retired Employees Provident Fund, Pallavan Salai, Chennai - 2.
+1 cc to Government Pleader sr 7781 +1 cc to Mr.P.Kannan Kumar Advocate sr 8501 +1 cc to Mr.A.Murugan Advocate sr 7743 W.P.No.2766 of 2017 lrs(co) aa22/02/2017