Mrs.S.Vedavalli v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:10.02.2017
CORAM:
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.42888 of 2016 Mrs.S.Vedavalli ..
Petitioner Vs 1.The Government of Tamil Nadu, Rep. by its Principal Secretary, Transport Department, Secretariat, Fort St.George, Chennai-600 009.
2.The Managing Director, Tamilnadu State Transport Corporation (Villupuram) Ltd., 3/137, Salamedu, Valuthareddy Post, Villupuram 605 602.
3.The Administrator, Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvallur House, Pallavan Salai, Chennai-600 002.
.. Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to settle the terminal benefits to the legal heirs of the deceased such as Gratuity, Commutation of Pension, DA arrears, Arrears of Pension, Social Security Scheme, Subscription Amount of having duly taking into account enhanced dearness allowance and other eligible terminal benefits with interest of 18% on delayed payment from 02.12.2012 the date of death to till the date of settlement of the terminal benefits by following the order passed in W.A. (MD).Nos.383 to 457 of 2015 dated 12.06.2015. For Petitioner : Mr.V.S.Jagadeesan For Respondents: Mr.K.Venkataramani, Additional Advocate General, assisted by Mr.K.Dhananjayan, Special Govt. Pleader for R1 Mr.K.Venkataramani, Additional Advocate General, assisted by Mr.P.Kannan Kumar for R2 and R3
O R D E R
By consent, the writ petition is taken up for final disposal.
2. The petitioner is the wife of Thiru.P.Somasundaram, who was appointed as a Conductor on 20.09.1988 in the then Pattukottai Azhagiri Transport Corporation Ltd., Vellore, which is presently known as Tamil Nadu State Transport Corporation (Villupuram) Ltd., after merger and the petitioner's husband died on 02.12.2012 while in service. The grievance expressed by the petitioner is that though her husband died on 02.12.2012, the terminal benefits such as Gratuity, Pension Commutation, DA arrears, Arrears of Pension, Retirement Benefit Scheme, Subscription amount of Engineering and Medical College, Social Security Scheme have not been settled. In this regard, the petitioner has also submitted a representation dated 21.09.2016 to the second respondent and since no orders have been passed, she came forward to file the present writ petition.
3. The learned counsel appearing for the petitioner would submit that a similar issue arose for consideration before a Division Bench of this Court in WA[MD] No.383 to 457/2015 [K.Rajendran and others Vs. The Tamil Nadu State Transport Corporation, Madurai Limited rep. by the Managing Director, Madurai-10 and others] and the Division Bench, vide judgment dated 12.06.2015, has ordered the amounts to be paid in twelve equal monthly instalments with an interest @ 6% per annum and also with a default interest and prays for similar orders.
4. Heard Mr.K.Venkataramani, Additional Advocate General assisted by Mr.K.Dhananjayan, learned Special Govt. Pleader for the first respondent and Mr.P.Kannan Kumar, learned Standing Counsel appearing for the respondents 2 and 3/Transport Corporation.
5. This Court has taken into consideration the said judgment and also the stand of the respondents including the Administrative Department in its order dated 19.01.2017 made in WP.No.42555/2016 [A.Annamalai Vs. The Managing Director, Tamil Nadu State Transport Corporation Limited, Salem and others] and issued necessary directions and for the purpose of disposal of the cases, it is relevant to extract the common judgment made in the above cited writ appeal :- "The learned Additional Advocate General submits that he has obtained written instructions vide letter No.7945/B/2015-2 dated 11/06/2015 that the terminal benefits of the appellants would be settled through twelve equal monthly installments, carrying interest of 6% p.a.
2. The said statement is thus taken on record and the respondents will be bound by the same. We have to keep in mind the judicial pronouncement of the Honourable Supreme Court in D.D.Tewari (D) Thr. Lrs. Vs. Utta Haryana Bujli Vitran Nigam Limited & Ors [2014 (e) scale -78] wherein it is held that in case of any delay in making the payment of the installments, 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 noncompliance 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.
4. The Writ Appeals are disposed of accordingly. No costs. Consequently, the connected miscellaneous petitions are closed."
6. In the light of the above facts and circumstances, the respondents are directed to settle the retiral/terminal benefits to the petitioner in twelve equal monthly installments commencing from May 2017 bearing interest at the rate of 6% per annum and in the event of default, the interest payable will become 18% per annum. The respondents, apart from paying arrears of pension, shall also continue to pay the pension amount due and payable to the petitioner without any default.
7. This Writ Petition is disposed of accordingly. No costs.
-s/dAssistant Registrar True Copy Sub-Assistant Registrar jvm To 1.The Principal Secretary, The Government of Tamil Nadu, Transport Department, Secretariat, Fort St.George, Chennai-600 009.
2.The Managing Director, Tamilnadu State Transport Corporation (Villupuram) Ltd., 3/137, Salamedu, Valuthareddy Post, Villupuram 605 602.
3.The Administrator, Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvallur House, Pallavan Salai, Chennai-600 002. + 2 cc to Mr.P.Kannan Kumar, Advocate SR.NO..9319 + 1 cc to Mr. Mr.V.S.Jagadeesan, Advocate SR.NO..8722 + 1 cc The Govt. Pleader SR.NO.9205 W.P.No.42888 of 2016 ALA [CO] RR 28/02/2017