Madras High CourtWP/25866/2016disposed of

V.Chakkaravarthy, v. The Managing Director

2016-07-26Honourable Mr Justice B. Rajendran13 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 26.07.2016

CORAM

THE HONOURABLE MR. JUSTICE B.RAJENDRAN W.P. Nos.25866 to 25878, 25886 to 25900, 25920, 25927 & 25939 to 25941 of 2016 V.CHAKKARAVARTHY ... PETITIONER in WP No.25866 of 2016 C.MOHAN ... PETITIONER in WP No.25867 of 2016 R.CHITTYBABU ... PETITIONER in WP No.25868 of 2016 N.THIRUVASAN ... PETITIONER in WP No.25869 of 2016 P.JESURAJAN ... PETITIONER in WP No.25870 of 2016 M.BALASUNDARAM ... PETITIONER in WP No.25871 of 2016 C.THEEVANURAN ... PETITIONER in WP No.25872 of 2016 B.MUGUNTHAMANI ... PETITIONER in WP No.25873 of 2016 S.LAKSHMANAN ... PETITIONER in WP No.25874 of 2016 N.SUNDARRAJ ... PETITIONER in WP No.25875 of 2016 S.GANESAN ... PETITIONER in WP No.25876 of 2016 B.JAYACHANDRAN ... PETITIONER in WP No.25877 of 2016 A.AKTHAR HUSSAIN ... PETITIONER in WP No.25878 of 2016 V.SUBRAMANIAN ... PETITIONER in WP No.25886 of 2016 M.

BARATHSARATHY ... PETITIONER in WP No.25887 of 2016 A.KAILASAM ... PETITIONER in WP No.25888 of 2016 MUTHUSAMY.S. PETITIONER in WP No.25889 of 2016 K.NAGARAJAN ... PETITIONER in WP No.25890 of 2016 S.THAMBIRAJA ... PETITIONER in WP No.25891 of 2016 T.R.SUGAVANAM ... PETITIONER in WP No.25892 of 2016 R.SHANMUGAM ... PETITIONER in WP No.25893 of 2016 A.MURUGESAN ... PETITIONER in WP No.25894 of 2016 R.KARUPPASAMY ... PETITIONER in WP No.25895 of 2016 T.KRISHNAMOORTHY ... PETITIONER in WP No.25896 of 2016 T.JAGADEESAN ... PETITIONER in WP No.25897 of 2016 M.CHANDRAN ... PETITIONER in WP No.25898 of 2016 M.PERUMALSAMY ... PETITIONER in WP No.25899 of 2016 KRISHNAMURTHI.M ... PETITIONER in WP No.25900 of 2016 R.TAMILARASU ... PETITIONER in WP No.25920 of 2016 V.MANIVANNAN ... PETITIONER in WP No.25927 of 2016 R.DAKSHNAMOORTHY ...

PETITIONER in WP No.25939 of 2016 K.BABU ... PETITIONER in WP No.25940 of 2016 G.RAMAMOORTHY ... PETITIONER in WP No.25941 of 2016 vs 1 THE MANAGING DIRECTOR TAMIL NADU STATE TRANSPORT CORPORATION (VILLUPURAM) LTD VAZHUTHAREDDY VILLUPURAM- 605 602.

2 THE GENERAL MANAGER TAMIL NADU STATE TRANSPORT CORPORATION (VILLUPURAM) LTD VAZHUTHAREDDY VILLUPURAM- 605 602.

3 THE ADMINISTRATOR TAMIL NADU STATE TRANSPORT CORPORATION EMPLOYEES POST RETIREMENT WELFARE FUND SCHEME THIRUVALLUVAR HOUSE PALLAVAN SALAI CHENNAI-2.

...RESPONDENTS 1 to 3, 6 to 17 in WP Nos.25866 to 25878 of 2016 1 TAMILNADU STATE TRANSPORT CORPORATION LTD. 37 METTUPALAYAM ROAD COIMBATORE 641 043 REP. BY ITS MANAGING DIRECTOR ... RESPONDENTS 1,6 to 10,91 to 99 in WP Nos.25886 to 25900 of 2016 2 THE GENERAL MANAGER TAMILNADU STATE TRANSPORT CORPORATION LTD.

40 CHENNAIMALAI ROAD ERODE 638 001 ... 2nd Respndent in WP Nos.25886, 25888, 25893,25896,25900 of 2016 3 THE GENERAL MANAGER TAMILNADU STATE TRANSPORT CORPORATION (CBE LTD. 37 METTUPALAYAM ROAD COIMBATORE 641 043. ... 2nd Respondent in WP Nos.25887,25889, 25890, 25891, 25892,25894,25895, 25897, 25898,25899 of 2016.

4 THE ADMINISTRATOR TAMILNADU STATE TRANSPORT CORPORATION LTD.

PENSION FUND TRUST THIRUVALLUVAR HOUSE PALLAVAN SALAI CHENNAI 600 002 ... 3rd Respondent in WP 25893 & 25899 of 2016 5 THE MANAGING DIRECTOR TAMIL NADU STATE EXPRESS TRANSPORT CORPORATION LTD PALLAVAN SALAI CHENNAI-600 002 ... 1st RESPONDENT in WP No.25920 of 2016

6 THE MANAGING DIRECTOR TAMIL NADU STATE TRANSPORT CORPORATION (VILLUPURAM) LTD VAZHUTHAREDDY VILLUPURAM- 605 602. ..1st RESPONDENT in WP No.25927/2016 7 THE GENERAL MANAGER TAMIL NADU STATE TRANSPORT CORPORATION (VILLUPURAM) LTD CUDDALORE REGION CUDDALORE. ...2nd RESPONDENT in WP No.25927 of 2016 8 THE ADMINISTRATOR TAMIL NADU STATE TRANSPORT CORPORATION EMPLOYEES POST RETIREMENT WELFARE FUND SCHEME THIRUVALLUVAR HOUSE PALLAVAN SALAI, CHENNAI-2.

...3rd RESPONDENTS 1to3 in WP No.25927, 25939, 25940 & 25941 of 2016 9 THE MANAGING DIRECTOR TAMILNADU STATE TRANSPORT CORPORATION (VILLUPURAM) LIMITED VAZHUTHAREDDY VILLUPURAM-605 602.

...1ST RESPONDENTS in WP Nos.25939,25940, 25941 of 2016 10 THE GENERAL MANAGER TAMILNADU STATE TRANSPORT CORPORATION (VILLUPURAM) LIMITED VELLORE REGION VELLORE.

...2ND RESPONDENT in WP No.25939,25940, 25941 of 2016 WP No.25866 of 2016:

respondents to disburse the payments relating to Gratuity, Pension Commutation, Leave Surrender (Earned Leave & Old Medical Leave), Settlement Effect Arrears Amount, Pension Arrears by calculating D.A. Eligible as per the fixation made by the Government of Tamil Nadu periodically along with the entitled difference of Dearness Allowances also, with interest at 12% per annum with effect from 1.1.2016 within the stipulated time as may be fixed by this Honourable Court.

WP No.25867 of 2016:

respondents to disburse the payments relating to Gratuity,

Pension Commutation, Leave Surrender (Earned Leave & Old Medical Leave), Settlement Arrears Amount, Pension Arrears by calculating D.A. Eligible as per the fixation made by the Government of Tamil Nadu periodically along with the entitled difference of Dearness Allowances also, with interest at 12% per annum with effect from 1.6.2015 within the stipulated time as may be fixed by this Honourable Court.

WP No.25868 of 2016:

respondents to disburse the payments relating to Gratuity, Pension Commutation, Leave Surrender (Earned Leave & Old Medical Leave), Settlement Effect Arrears Amount, Pension Arrears and All Other Retirement Benefits by calculating D.A. Eligible as per the fixation made by the Government of Tamil Nadu periodically along with the entitled difference of Dearness Allowances also, with interest at 12% per annum with effect from 1.8.2014 within the stipulated time as may be fixed by this Honourable Court.

WP No.25869 of 2016:

respondents to disburse the payments relating to Gratuity, Leave Surrender and All Other Retirement Arrears Amount by calculating D.A. Eligible as per the fixation made by the Government of Tamil Nadu periodically along with the entitled difference of Dearness Allowances also, with interest at 12% per annum with effect from 1.8.2013 within the stipulated time as may be fixed by this Honourable Court WP No.25870 of 2016:

respondents to disburse the payments relating to Gratuity, Pension Commutation, Leave Surrender (Earned Leave & Old Medical

Leave), Settlement Arrears Amount, Pension Arrears by calculating D.A. Eligible as per the fixation made by the Government of Tamil Nadu periodically along with the entitled difference of Dearness Allowances also, with interest at 12% per annum with effect from 1.2.2016 within the stipulated time as may be fixed by this Honourable Court.

WP No.25872 of 2016:

respondents to disburse the payments relating to Gratuity, Pension Commutation, Leave Surrender (Earned Leave & Old Medical Leave), Settlement Effect Arrears Amount, Pension Arrears and All other Retirement Arrears Amount by calculating D.A. Eligible as per the fixation made by the Government of Tamil Nadu periodically along with the entitled difference of Dearness Allowances also, with interest at 12% per annum with effect from 1.11.2014 within the stipulated time as may be fixed by this Honourable Court WP No.25873 of 2016:

respondents to disburse the payments relating to Gratuity, Leave Surrender (Earned Leave & Old Medical Leave), Settlement Arrears Amount, Pension Arrears by calculating D.A. Eligible as per the fixation made by the Government of Tamil Nadu periodically along with the entitled difference of Dearness Allowances also, with interest at 12% per annum with effect from 1.11.2013 within the stipulated time as may be fixed by this Honourable Court WP No.25874 of 2016:

respondents to disburse the payments relating to Gratuity, Leave Surrender (Earned Leave & Old Medical Leave), All other benefits by calculating D.A. Eligible as per the fixation made by the Government of Tamil Nadu periodically along with the entitled difference of Dearness Allowances also, with interest at 12% per annum with effect from 1.6.2013 within the stipulated time as may be fixed by this Honourable Court WP No.25875 of 2016:

respondents to disburse the payments relating to Gratuity, Pension Commutation, Leave Surrender (Earned Leave & Old Medical Leave), Pension arrears and all other retirement benefits by

calculating D.A. Eligible as per the fixation made by the Government of Tamil Nadu periodically along with the entitled difference of Dearness Allowances also, with interest at 12% per annum with effect from 1.3.2015 within the stipulated time as may be fixed by this Honourable Court WP No.25876 of 2016:

respondents to disburse the payments relating to Gratuity, Leave Surrender (Earned Leave & Old Medical Leave), Leave on Private Affairs, D.A. Arrears all other benefits by calculating D.A. Eligible as per the fixation made by the Government of Tamil Nadu periodically along with the entitled difference of Dearness Allowances also, with interest at 12% per annum with effect from 1.7.2013 within the stipulated time as may be fixed by this Honourable Court WP No.25877 of 2016:

respondents to disburse the payments relating to Gratuity, Pension Commutation, Leave Surrender (Earned Leave & Old Medical Leave), Settlement Arrears Amount, Pension Arrears by calculating D.A. Eligible as per the fixation made by the Government of Tamil Nadu periodically along with the entitled difference of Dearness Allowances also, with interest at 12% per annum with effect from 1.9.2014 within the stipulated time as may be fixed by this Honourable Court WP No.25886,25888,25889,25891, 25895 to 25897 & 25900 of 2016: respondents to pay the petitioner all his retirement benefits including Gratuity, Leave Salary and other benefits with interest at the rate of 18% per annum within the time that may stipulated by this Honourable court and to grant him the

interest at the rate of 18% per annum for the belated settlement of his eligible benefits from the date of retirement to till the date of settlement by the respondents within the time frame that may be stipulated by this Honourable court WP No.25887 of 2016:

respondents to pay the petitioner all his retirement benefits including Gratuity and other benefits with interest at the rate of 18% per annum within the time that may stipulated by this Honourable court and to grant him the interest at the rate of 18% per annum for the belated settlement of his eligible benefits from the date of retirement to till the date of settlement by the respondents within the time frame that may be stipulated by this Honourable court WP No.25890 of 2016:

respondents to pay the petitioner all his retirement benefits including Provident Fund, Gratuity, Commutation, Leave Salary and other benefits with interest at the rate of 18% per annum within the time that may be stipulated by this Honourable court and to grant him the interest at the rate of 18% per annum for the belated settlement of his eligible benefits from the date of retirement to till the date of settlement by the respondents within the time frame that may be stipulated by this Honourable court WP No.25892 of 2016:

respondents to pay the petitioner all his retirement benefits including Provident Fund, Gratuity, Leave Salary and other benefits with interest at the rate of 18% per annum within the time that may be stipulated by this Honourable court and to grant him the interest at the rate of 18% per annum for the belated settlement of his eligible benefits from the date of retirement to till the date of settlement by the respondents within the time frame that may be stipulated by this Honourable court WP No.25893 of 2016:

respondents to pay the petitioner all his retirement benefits including Provident Fund, Communtation, Gratuity, Leave Salary and other benefits with interest at the rate of 18% per annum within the time that may be stipulated by this Honourable court

and to grant him the interest at the rate of 18% per annum for the belated settlement of his eligible benefits from the date of retirement to till the date of settlement by the respondents within the time frame that may be stipulated by this Honourable court WP No.25894 of 2016:

respondents to pay the petitioner all his retirement benefits including Provident Fund, Gratuity, Pension Commutation, Leave Salary and other benefits with interest at the rate of 18% per annum within the time that may be stipulated by this Honourable court and to grant him the interest at the rate of 18% per annum for the belated settlement of his eligible benefits from the date of retirement to till the date of settlement by the respondents within the time frame that may be stipulated by this Honourable court WP No.25920 of 2016:

respondent to settle all the terminal benefits due and payable to the petitioner with interest at 12% per annum with effect

from 01.09.2012 within the time stipulated by this Honourable Court WP No.25927 of 2016:

respondents to pay the petitioner all his retirement benefits including Gratuity and EL Surrender etc., with interest at the rate of not less than 18% per annum payable from the date of retirement and consequently directing the respondents to pay interest at the rate of 18% per annum for the belated settlement of retirement benefits to the petitioner payable from the date of retirement i.e., 31.5.2013 to till date of actual payment to the petitioner within the time frame that may be stipulated by this Honourable Court WP No.25939 of 2016:

respondents to disburse the payments relating to Gratuity, Leave encashment (Earned & Old Medical Leave), 5.5 Settlement arrears, Pension arrears, D.A arrears and Last 10 days salary by calculating D.A. eligible as per the fixation made by the Government of Tamilnadu periodically along with the entitled difference of dearness allowances also, with interest at 12% per annum with effect from 01.07.2014 within the stipulated time as may be fixed by this Honourable Court WP No.25940 of 2016:

respondents to disburse the payments relating to Gratuity, Pension Commutation, Leave encashment (Earned & Old Medical Leave), Welfare fund, IRT amount, 5.5 Settlement arrears, Pension arrears, D.A arrears and Last 11 days salary by calculating D.A. eligible as per the fixation made by the Government of Tamilnadu periodically along with the entitled difference of dearness allowances also, with interest at 12% per annum with effect from 01.06.2016 within the stipulated time as may be fixed by this Honourable Court WP No.25941 of 2016:

annum with effect from 01.08.2014 within the stipulated time as may be fixed by this Honourable Court.

For Petitioner :Mr.J.pradeep WP.25866 to 25878/16, 25939 to 941/16 Mr.A.Rajendran WP.25886 to 25900/16 Mr.A.Selvaraju WP.No.25920/16 Mr.M.Selvam in WP.25927/16 For Respondent :Mr.P.Paramasivadoss Standing Counsel for Transport Corporation WP.25866 to 878/16, 25920, 25927, 25939 to 25941/16 Mr.S.Sairaman, WP.25886 to 25900 Standing Counsel for Transport Corporation.

C O M M O N O R D E R By consent, these Writ Petitions are taken up and disposed of at the stage of admission itself.

2. The petitioners joined the services of the Transport Corporation and they retired from service long before. The grievance of the petitioners is that though, they retired from service long before, till date, they were not paid with the retirement benefits. In this regard, the petitioners submitted representations before the respondents, on various dates. However, till date, there was no response. Aggrieved against the same, the present Writ Petitions were filed.

3. The learned counsel appearing for the petitioners, brought to the notice of this Court the common judgment, dated 12.06.2015, passed by the Madurai Bench of this Court in W.A. (MD) Nos.383 to 457 of 2015, wherein under similar circumstances, the Transport Corporation undertook to pay the amount due and payable to the petitioners therein in twelve equal monthly instalments. He would further submit that following the same, this Court has passed similar orders in several Writ Petitions. Accordingly, he would pray that a similar order may be passed in these Writ Petitions also.

4. The learned Standing Counsel, who took notice on behalf of the respondents, would affirm that the issue involved in these Writ Petitions is squarely covered by the judgment passed by the Madurai Bench of this Court in W.A.(MD) Nos.383 to 457 of

2015, dated 12.06.2015 and the relevant portion of the said judgment reads as follows:- "2. The said statement is thus taken on records and the respondents will be bound by the same. We have to keep in mind the judicial pronouncement of the Hon'ble Supreme Court in D.D.Tewari (D)through LRS. Vs. Uttar Haryana Bijli Vitran Nigam Ltd and Others (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."

5. Considering the fact that the issue involved in these Writ Petitions is squarely covered by the orders passed by this Court in similar circumstances, without going into the merits of the matter, the Managing Director and General Manager of the respective Transport Corporation are directed to disburse the aforementioned retiral benefits to the petitioners herein in twelve equal monthly instalments, in the light of the common judgment passed by this Court in W.A.(MD) Nos.383 to 457 of 2015 (K.Rajendran & Others vs. The Tamil Nadu State Transport Corporation (Madurai) Limited, rep. by its Managing Director, Madurai and others), dated 12.06.2015. It is also made clear that the first instalment shall commence from 01.11.2016.

6. With the above direction, these Writ Petitions are disposed of. No costs.

Sd/- Asst.Registrar (CS VI ) /true copy/ Sub Asst. Registrar To 1.The Manaing Director, Tamil Nadu State Transport Corporation [Villupuram] Limited, Vazhuthareddy, Villupuram - 605 602.

2.The General Manager, Tamil Nadu State Transport Corporation [Villupuram] Limited, Vazhuthareddy, Villupuram - 605 602.

3.The Administrator, Tamil Nadu State Transport Corporation, Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.

4.THE MANAGING DIRECTOR,TAMILNADU STATE TRANSPORT CORPORATION LTD. 37 METTUPALAYAM ROAD COIMBATORE 641 043 5.THE GENERAL MANAGER TAMILNADU STATE TRANSPORT CORPORATION LTD.

40 CHENNAIMALAI ROAD ERODE 638 001 6.THE ADMINISTRATOR TAMILNADU STATE TRANSPORT CORPORATION LTD.

PENSION FUND TRUST THIRUVALLUVAR HOUSE PALLAVAN SALAI CHENNAI 600 002 7.THE MANAGING DIRECTOR TAMIL NADU STATE EXPRESS TRANSPORT CORPORATION LTD PALLAVAN SALAI CHENNAI-600 002 8.THE GENERAL MANAGER, TAMIL NADU STATE TRANSPORT CORPORATION (VILLUPURAM) LTD, CUDDALORE REGION, CUDDALORE.

9.THE GENERAL MANAGER TAMIL NADU STATE TRANSPORT CORPORATION (VILLUPURAM) LTD CUDDALORE REGION CUDDALORE.

10.THE GENERAL MANAGER TAMILNADU STATE TRANSPORT CORPORATION (VILLUPURAM) LIMITED VELLORE REGION VELLORE.

+1 cc to Mr.M.Selvam, advocate,sr.42310 +5 cc's to Mr.A.Rajendran, Advocate,sr.42166

+1 cc to Mr.A.Selvaraju, Advocate,sr.42242 +4 cc 's to Mr.P.paramasiva Doss, Advocate,sr.42374,375,376,372 +16 cc's to Mr.J.Pradeep, Advocate,sr.42767, 42912 +1 cc to Mr.S.Sai Raman, advocate,sr.42861.

cnr(co) krd 2/9 W.P. Nos.25866 to 25878, 25886 to 25900, 25920, 25927 & 25939 to 25941 of 2016