K.Raghavan v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.01.2016
CORAM
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.Nos.40746 & 40747 of 2015 K.Raghavan .. Petitioner in W.P.No.40746 of 2015 S.Venkatesan .. Petitioner in W.P.No.40747 of 2015 Vs 1 The Managing Director Tamil Nadu Transport Corporation (Salem) Limited, Salem-636 007.
2 The Administrator Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai-600 002.
.. Respondents in both WPs.
Prayer in W.P.No.40746 of 2015:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to disburse the Gratuity, Surrender Leave Salaries and Medical Leave Salary in the credit of the petitioner as on 01.09.1998, ERBS Pension Arrears, Pension DA Arrears and Contribution amount towards IRT medical, Engineering and Polytechnic Colleges with interest at 12% per annum with effect from 01.10.2013.
Prayer in W.P.No.40747 of 2015:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to disburse the Gratuity ERBS Pension Arrears Surrender Leave Salaries and Medical Leave Salary in the Credit of the petitioner as on 01.09.1998 Salary DA arrears and pension DA arrears with interest at 12% per annum with effect from 01.08.2013.
For Petitioners : Ms.S.Girija For Respondents : Mr.R.K.Gandhi
COMMON ORDER By consent, the writ petitions are taken up for final disposal at the admission stage itself.
2. The case of the petitioners is that the petitioners, after serving in the respondent corporation, retired from service on 30.09.2013 and 31.07.2013 respectively. On the date of retirement, the petitioners were paid only provident fund amount. The other retirement benefits were not settled by the respondents. Therefore, these present writ petitions have been field.
3. Heard Mr.S.Girija, learned counsel appearing for the petitioner and Mr.R.K.Gandhi, learned counsel appearing for the respondents, who accepts notice on behalf of the respondents. 4.In the considered opinion of this Court, the respondents, being the employer, is bound to pay the retirement and terminal benefits, due and payable to the petitioners on time. It is also relevant to extract the order dated 12.06.2015 made in W.A. (MD) Nos.383 to 457 of 2015, which reads as follows: "The learned Additional Advocate General submits that he has obtained written instructions vide letter No.7945/E/2015-2 dated 11/6/2015 that the terminal benefits of the appellants would be settled through twelve equal monthly instalments, 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. UTTAR HARYANA BIJLI VITRAN NIGAM LTD & ORS {2014 (9) SCALE - 78}, wherein it is held that in case of any delay in making the payment of the instalments, 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. This Court, in the light of the above facts and circumstances, permits the petitioners to submit a representation to the respondents by enclosing a copy of this order as well as copy of the relevant records within a period of two weeks from the date of receipt of a copy of this order. The respondents, on receipt of the same, is directed to consider the said representation in the light of the above cited judgment and pass appropriate orders on merits and in accordance with law within a period of four weeks therefrom and communicate the decision taken, to the petitioners.
The Writ Petitions are disposed of accordingly. No costs. sms s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar To 1 The Managing Director Tamil Nadu Transport Corporation (Salem) Limited, Salem-636 007.
2 The Administrator Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai-600 002.
+ 2 ccs to Mrs.S.Girija, Advocate Srs 161 & 162 ev(co) prk18/1 W.P.Nos.40746 & 40747 of 2015