D.Madeswaran v. Tamilnadu State Transport

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.09.2016

CORAM

THE HONOURABLE MR. JUSTICE B.RAJENDRAN W.P. Nos.30488 and 30489 of 2016 D.Madeswaran ... Petitioner in W.P.30488 of 2016 K.Devaraju ... Petitioner in W.P.30489 of 2016 Vs.

1. The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, 12, Ramakrishna Salai, Salem - 636 007 ... 1st respondent in W.P.

30488 of 2016

2. The General Manager, Tamilnadu State Transport Corporation (Salem) Limited, Dharmapuri Region, Dharmapuri.

... 2nd respondent in W.P.

30488 of 2016

3. Tamilnadu State Transport Corporation (Villupuram) Limited, Rep. by is Managing Director, 3/137, Salamedu, Valudareddy Post, Villupuram - 605 602. ... 1st respondent in W.P. 30489 of 2016

4. The General Manager, Tamilnadu State Transport Corporation (Villupuram) Limited, Vellore Region, Tirupattur, Vellore District. ... 2nd respondent in W.P. 30499 of 2016

5. Tamil Nadu State Transport Corporations Employees Pension Fund Trust, Rep. by is Administrator, Thiruvalluvar House, Anna Salai, Chennai - 600 002.

... 3rd respondent in both W.Ps.

Common Prayer : Writ Petitions have been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to settle all the retirement benefits due to the petitioner including gratuity, leave salary, commuted value of pension, provident fund, IRD share amount, Dearness allowance, Bonus, retirement period of Welfare Fund and all other retirement benefits and arrears of revised salary in full together with interest at the rate of 12% per annum from the date when the payment became due till the date of payment to the petitioner within a specific time limit as may be fixed by this Court.

For Petitioner : Mr.S.P.Parvadhraj Arumugam in both WPs.

For Respondents : Mr.R.K.Gandhi Standing Counsel - in both 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 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 01.01.2017.

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

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar vrc To

1. The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, 12, Ramakrishna Salai, Salem - 636 007

2. The General Manager, Tamilnadu State Transport Corporation (Salem) Limited, Dharmapuri Region, Dharmapuri.

3. Tamilnadu State Transport Corporation (Villupuram) Limited, Rep. by is Managing Director, 3/137, Salamedu, Valudareddy Post, Villupuram - 605 602.

4. The General Manager, Tamilnadu State Transport Corporation (Villupuram) Limited, Vellore Region, Tirupattur, Vellore District.

5. The Administrator, Tamil Nadu State Transport Corporations Employees Pension Fund Trust, Thiruvalluvar House, Anna Salai, Chennai - 600 002.

+1cc to Mr.S.P.Parvadhraj Arumugam, Advocate, S.R.No.49980 W.P.Nos.30488 & 30489 of 2016 AK(CO) CA(16/09/2016)