M.Pancros v. Tamil Nadu State Transport
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 17.08.2016
CORAM
THE HONOURABLE MR. JUSTICE B.RAJENDRAN W.P. Nos.28620 to 28629 of 2016 P.Pancros ..Petitioner in WP.28620/16 P.Jayarani ..Petitioner in WP.28621/16 A.M.Rajendran ..Petitioner in WP.28622/16 P.Chinnapparaj ..Petitioner in WP.28623/16 P.Subburaj ..Petitioner in WP.28624/16 K.Selvaraj ..Petitioner in WP.28625/16 T.N.Chandran ..Petitioner in WP.28626/16 E.R.Ravichandran ..Petitioner in WP.28627/16 R.Viswanathan ..Petitioner in WP.28628/16 M.R.Vijayarajan ..Petitioner in WP.28629/16 Vs.
1.Tamil Nadu State Transport Corporation Ltd., 37, Mettupalayam Road, Coimbatore - 641 043 Represented by its Managing Director ..Respondent in WP.28620 to 623, 28625, 28627 to 28629/16 ..1st Respondent in WP.28624 and 28626/16 2.The Administrator, Tamilnadu State Transport Corporation Pension Fund Trust, Thiruvallur House, Pallavan Salai, Chennai-2.
..2nd Respondent in WP.28624 & 28626/16 COMMON PRAYER : Writ Petitions have been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent to pay the petitioners all his retirement benefits including P.F., Gratuity/Commutation Leave Salary and all other benefits with interest at the rate of 18% per annum within the time frame that may be stipulated by this Court and to grant them 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 respondent within the time frame that may be stipulated by this Court.
For Petitioner : Mr.A.Rajendran in all WPs.
For Respondent : Mr.P.Kannankumar Standing Counsel - in all WPs.
C O M M O N O R D E R By consent, the Writ Petitions are 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 are 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 respondent, 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 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 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 08.11.2016.
6. With the above direction, these Writ Petitions are disposed of. No costs.
Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar To 1.The Managing Director, Tamil Nadu State Transport Corporation Ltd., 37, Mettupalayam Road, Coimbatore - 641 043.
2.The Administrator, Tamilnadu State Transport Corporation Pension Fund Trust, Thiruvallur House, Pallavan Salai, Chennai-2.
+10 cc's to Mr.A.Rajendran, advocate,sr.46814. pur(co) krd 7/9 W.P. Nos.28620 to 28629 of 2016