P.Vasudevan v. The Managing Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated :: 13.7.2016
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.Nos.23927 to 23944 of 2016
01. P.Vasudevan ...
Petitioner in WP.23927/2016
02. K.Munusamy ...
Petitioner in WP.23928/2016
03. R.Rajasekaran ...
Petitioner in WP.23929/2016
04. P.Kandasamy ...
Petitioner in WP.23930/2016
05. P.Balakrishnan ...
Petitioner in WP.23931/2016
06. A.Senkottaiyan ...
Petitioner in WP.23932/2016
07. S.Mani ...
Petitioner in WP.23933/2016
08. A.Murugapillai ...
Petitioner in WP.23934/2016
09. K.Krishnamoorthy ...
Petitioner in WP.23935/2016
10. M.Vaithalingam ...
Petitioner in WP.23936/2016
11. V.Velayutham ...
Petitioner in WP.23937/2016
12. A.Thiyagarajan ...
Petitioner in WP.23938/2016
13. K.Alagarasan ...
Petitioner in WP.23939/2016
14. P.Thangaraj ...
Petitioner in WP.23940/2016
15. M.Subramanian ...
Petitioner in WP.23941/2016
16. M.Sivanantham ...
Petitioner in WP.23942/2016
17. V.Sampath kumar ...
Petitioner in WP.23943/2016
18. P.Dhandapani ...
Petitioner in WP.23944/2016 versus 1 The Managing Director Tamil Nadu State Transport Corporation (Salem) Ltd Salem Division No.12 Ramakrishna Road Post Box No.713 Salem-636 007.
2 The General Manager Tamil Nadu State Transport Corporation (Salem) Ltd Salem Division No.12 Ramakrishna Road Post Box No.713 Salem-636 007.
3 The Administrator Tamil Nadu State Transport Corporation Employees Pension Fund Trust Thiruvalluvar House Pallavan Salai Chennai-2.
...
Respondents in all WPs
Writ Petition filed under Art.226 of the Constitution of India praying for a Writ of Mandamus (1) directing the respondents to settle payment of Gratuity Earned Leave Medical Leave Commutation of Pension Provident Fund Employees Retirement Benefit Scheme (ERBS) and other retiral benefits within the time frame that may be stipulated by this Honourable Court (in WP.23927/2016), (2) directing the respondents to settle payment of Gratuity Earned Leave Medical Leave Commutation of Pension Provident Fund Employees Retirement Benefit Scheme (ERBS) and other retiral benefits payable to the petitioner with reasonable rate of interest within the time frame that may be stipulated by this Honourable Court (in WP.
23928/2016), (3) directing the respondents to settle payment of Gratuity Earned Leave Medical Leave Commutation of Pensionand other retiral benefits payable to the petitioner with reasonable rate of interest within the time frame that may be stipulated by this Honourable Court (in WP.23929/2016), (4) directing the respondents to settle payment of Gratuity Earned Leave Medical Leave Commutation of Pension Provident Fund Employees Retirement Benefit Scheme (ERBS) and other retiral benefits payable to the petitioner with reasonable rate of interest within the time frame that may be stipulated by this Honourable Court (in WP.
23930/2016), (5) directing the respondents to settle payment of Gratuity Earned Leave Medical Leave Commutation of Pension Provident Fund Employees Retirement Benefit Scheme (ERBS) and other retiral benefits within the time frame that may be stipulated by this Honourable Court (in WP.23931/2016), (6) directing the respondents to settle payment of Gratuity Earned Leave Medical Leave Commutation of Pension Provident Fund Employees Retirement Benefit Scheme (ERBS) and other retiral benefits payable to the petitioner with reasonable rate of interest within the time frame that may be stipulated by this Honourable Court (in WP.
23932/2016), (7) directing the respondents to settle payment of Gratuity Earned Leave Medical Leave Commutation of Pension Provident Fund Employees Retirement Benefit Scheme (ERBS) and other retiral benefits payable to the petitioner with reasonable rate of interest within the time frame that may be stipulated by this Honourable Court (in WP.23933/2016), (8) directing the respondents to settle payment of Gratuity Earned Leave Medical Leave Commutation of Pension Provident Fund Employees Retirement Benefit Scheme (ERBS) and other retiral benefits within the time frame that may be stipulated by this Honourable Court (in WP.
65 days For the year 2012 95 days Medical leave and other retiral benefits within the time frame that may be stipulated by this Honourable Court (in WP.23935/2016), (10) directing the respondents to settle payment of Gratuity Earned Leave Medical Leave Commutation of Pension Provident Fund Employees Retirement Benefit Scheme (ERBS) and other retiral benefits payable to the petitioner with reasonable rate of interest within the time frame that may be stipulated by this Honourable Court (in WP.23936/2016), (11) directing the respondents to settle payment of Gratuity Earned Leave Medical Leave Commutation of Pension Provident Fund and other retiral benefits payable to the petitioner with reasonable rate of interest within the time frame that may be stipulated by this Honourable Court (in WP.
23937/2016), (12) directing the respondents to settle payment of Gratuity Earned Leave Medical Leave Commutation of Pension Provident Fund and other retiral benefits payable to the petitioner with reasonable rate of interest within the time frame that may be stipulated by this Honourable Court (in WP.23938/2016), (13) directing the respondents to settle payment of 195 days For the year 2009 For the year 2012 240 days As per the year 1999 Settlement 150 days (in WP.
(14) directing the respondents to settle payment of 237 days For the year 2009 267 days Commutation of Pension Employees Retirement Benefit Scheme (ERBS)
and other retiral benefits payable to the petitioner with reasonable rate of interest within the time frame that may be stipulated by this Hon'ble Court (in WP.23940/2016)
(15) directing the respondents to settle payment of a(i).
226 days (ii) For the year 2009 (iii) (iv) For the year 2011 271 days As per the year 1999 Settlement 144 days Employment Retirement Benefit Scheme (ERBS) payable to the petitioner with reasonable rate of interest within the time frame that may be stipulated by this Hon'ble Court (in WP.23941/2016)
(16) directing the respondents to settle payment of 240 days (ii) For the year 2009 ------------ 255 days Medical Leave Commutation of Pension.
Employment Retirement Benefit Scheme (ERBS) payable to the petitioner with reasonable rate of interest within the time frame that may be stipulated by this Hon'ble Court (in WP.23942/2016)
(17) directing the respondents to settle payment of 132 days For the year 2011 147 days Provident Fund and other retiral benefits payable to the petitioner with reasonable rate of interest within the time frame that may be stipulated by this Hon'ble Court (in WP.23943/2016) and
(18) directing the respondents to settle payment of 197 days For the year 2011 227 days Commutation of Pension Employment Retirement Benefit Scheme (ERBS) and other retiral benefits within the time frame that may be stipulated by this Hon'ble Court (in WP.23944/2016) For petitioner ...
Mr.N.Sudhagar Nagaraj For respondents ...
Mr.R.K.Gandhi COMMON ORDER Heard Thiru.N.Sudhagar Nagaraj, learned counsel for the petitioner and Thiru.R.K.Gandhi, learned counsel for the respondents.
2. With the consent of both the sides, the Writ Petitions are taken up for disposal.
3. The petitioners are employees of the respondent/Transport Corporation and have attained the age of superannuation and retired from service. However, their pensionary benefits has not been settled and therefore, the petitioners have approached this Court and filed the present Writ Petition to consider their representation for grant of pension.
4. It is brought to the notice of this Court by the learned counsel appearing on either side that this Court has considered a similar Writ Petition, and following the order passed by the Hon'ble Division Bench in the case of K.Rajendran and others vs. The Tamil Nadu State Transport Corporation (Madurai) Ltd. represented by its Managing Director, Madurai and others), dated 12.6.2015, issued directions to the respondent Corporation to settle the entire terminal benefits due and payable to the petitioner in twelve equal installments, carrying interest @ 6% p.a.
5. In the light of the said order, these Writ Petitions are disposed of with a direction to the respondent/Corporation to settle the entire terminal benefits due and payable to the petitioners in twelve equal installments, carrying interest @ 6% p.a. First of such installments shall commence from August 2016.
All the payments shall be paid on 7th of each month. In the event of delay in payment of any one of the installments, the same shall be payable along with interest at 18% p.a., for the delayed payment, and leaving it open to the petitioners to invoke other remedies available to them in the event of such non payment of installments.
6 . The Writ Petitions stand disposed of as indicated above. No costs.
tar s/d- Assistant Registrar(CS-VII) True Copy Sub-Assistant Registrar To 1 The Managing Director Tamil Nadu State Transport Corporation (Salem) Ltd Salem Division No.12 Ramakrishna Road Post Box No.713 Salem-636 007.
2 The General Manager Tamil Nadu State Transport Corporation (Salem) Ltd Salem Division No.12 Ramakrishna Road Post Box No.713 Salem-636 007.
3 The Administrator Tamil Nadu State Transport Corporation Employees Pension Fund Trust Thiruvalluvar House Pallavan Salai Chennai-2.
+ 18 cc to Mr.N.Sudhagar Nagaraj, Advocate SR 39343 + 18 cc to Mr.R.K.Gandhi, Advocate SR 39864 to 39881 vs(co) prk2/8 W.P.Nos.23927 to 23944 of 2016