G.Janarthanan, v. The Management Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 17.08.2016
CORAM
THE HONOURABLE MR. JUSTICE B.RAJENDRAN W.P. Nos.28606 & 28607 of 2016 G.Janarthanan ... Petitioner in W.P.No.28606 of 2016 A.Thevathas ... Petitioner in W.P.No.28607 of 2016 Vs.
1. The Management of Tamil Nadu State Transport Corporation (Kovai) Ltd., Represented by its Managing Director Coimbatore.
2. The Administrator, Tamil Nadu State Transport Employees' Pension Fund Trust, Thiruvalluvar Illam, Annasalai, Chennai - 2.
.. Respondents in both WPs.
Prayer in W.P.No.28606 of 2016 : Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent to pay the petitioner Rs.11,17,685/- towards Gratuity, Rs.8,13,174/- towards Leave Salary and Rs.1,77,420/- towards encashment of Leave on Personal Affairs together with 18% interest per annum, along with interest amount towards the delayed payment of EPF Employee's Contribution Rs.9,47,121/- for the period from 31.05.14 to 22.09.14 at the rate as per E.P.F. Scheme and further directing the respondents to pay him Rs.4,76,946/- towards the Pension Commutation, together with 18% interest per annum within a time frame that may be fixed by this Court. Prayer in W.P.No.
28606 of 2016 : Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent to pay the petitioner Rs.12,62,648/- towards Gratuity, Rs.7,31,098/- towards Leave Salary and Rs.2,25,338/- towards encashment of Leave on Personal Affairs together with 18% interest per annum, along with interest amount towards the delayed payment of EPF Employee's Contribution Rs.
30.04.15 to 07.01.16 at the rate as per E.P.F. Scheme and further directing the respondents to pay him Rs.5,54,294/- towards the Pension Commutation, together with 18% interest per annum within a time frame that may be fixed by this Court. For Petitioner : Mr.V.Ajoykose in both WPs.
For Respondents : Mr.P.Kannan Kumar Standing Counsel - in both WPs.
C O M M O N O R D E R By consent, the Writ Petition is taken up and disposed of at the stage of admission itself.
2. The petitioners joined the service of the Transport Corporation and he retired from service long before. The grievance of the petitioners is that though, they retired from service long before, till date, they was not paid with the retirement benefits. In this regard, the petitioners submitted representations before the respondent, on various dates. However, till date, there was no response. Aggrieved against the same, the present Writ Petition was 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 petitioner 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 this Writ Petition also.
4. The learned Standing Counsel, who took notice on behalf of the respondents, would affirm that the issue involved in this Writ Petition 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 this Writ Petition 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 01.12.2016.
6. With the above direction, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar vrc To
1. The Managing Director, Tamil Nadu State Transport Corporation (Kovai) Ltd., Coimbatore.
2. The Administrator, Tamil Nadu State Transport Employees' Pension Fund Trust, Thiruvalluvar Illam, Annasalai, Chennai - 2.
+1cc to Mr.V.Ajoykhosh, Advocate sr.46824 W.P. Nos.28606 & 28607 of 2016 kgk[co] srg 15/09/2016