R.Palanisamy, Staff No.Dr2860 v. The Government Of Tamilnadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.09.2016
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.33250 of 2016 R.Palanisamy ... Petitioner vs.
1.The Government of Tamil Nadu Rep.by the Secretary Transport Department, Secretariat, St. George Fort, Chennai - 600 009. 2.The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, No.12, Ramakrishnan Road, Salem - 636 007.
3.The General Manager, Tamil Nadu State Transport Corporation (Salem) Limited No.12, Ramakrishnan Road, Salem - 636 007.
4. The Administrator, Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
... Respondents Writ Petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondents to settle the petitioner's retirement benefits including Gratuity, Earned Leave Balance, E.L. Surrender, M.L. Credit, ERBS Pension arrears, Pension DA Arrears and Interest for belated settlement of commutation, Provident Fund, Labour Welfare Fund, IRT Share Amount and other benefits 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., 31.07.2012 till date of actual payment to the petitioner within the time that may be stipulated by this Court.
For Petitioner : Mr.M.Selvam For R1 : Mr.S.Gunasekaran,AGP For R2 to R4 : Mr.R.K.Gandhi
ORDER
By consent, the main writ petition itself is taken up for final disposal.
2. The Writ petition has been filed to direct the respondents to settle the petitioner's retirement benefits including Gratuity, Earned Leave Balance, E.L. Surrender, M.L. Credit, ERBS Pension arrears, Pension DA Arrears and Interest for belated settlement of commutation, Provident Fund, Labour Welfare Fund, IRT Share Amount and other benefits 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., 31.07.2012 till date of actual payment to the petitioner within a time stipulated by this Court.
3. It is the case of the petitioner that he joined in the 3rd respondent corporation on 04.05.1993 as Driver. He retired from service as a Selection Grade Driver on attaining superannuation on 31.07.2012. On the date of his retirement, the respondents have not paid the terminal benefits such as Gratuity, Earned Leave Balance, E.L.Surrender, M.L.Credit, ERBS Pension arrears, Pension DA arrears and interest for belated Settlement of commutation, provident fund, Labour Welfare fund, IRT share amount. In this regard, he made a representation dated 01.8.2016 to the respondents requesting them to pay all the retirement benefits. But, the same was not considered so far. Hence, left with no other alternative, the petitioner has come up with the present writ petition for the relief set out earlier.
4. I have heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader for 1st respondent and the learned Counsel, who has taken notice on behalf of the respondents 2 to 4.
5. The issue involved in the present writ petition is squarely covered by the judgment of the Division Bench of the Madurai Bench of this Court dated 12.6.2015 made 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).
6. Following the said judgment, without going into the merits of the matter, the respondents are directed to disburse the aforementioned retiral benefits to the petitioner 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 1.12.2016.
7. With the above direction, the present Writ Petition is disposed of. No costs.
Sd/- Asst. Registrar.
/true copy/ Sub Asst. Registrar.
tsi To 1.The Secretary Government of Tamil Nadu Transport Department, Secretariat, St.George Fort, Chennai - 600 009. 2.The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, No.12, Ramakrishnan Road, Salem - 636 007.
3.The General Manager, Tamil Nadu State Transport Corporation (Salem) Limited No.12, Ramakrishnan Road, Salem - 636 007.
4. The Administrator, Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
+1 CC to the Government Pleader, High Court, Madras Sr.NO.54473 +1 CC to Mr. M. Selvam, Advocate Sr.No.53843 W.P.No.33250 of 2016 NMI (CO) MD : 22/10/2016