Madras High CourtWP/43213/2016disposed of

M.Madhappan v. The Government Of Tamil Nadu

2017-04-26Honourable Mr Justice T.Raja4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.04.2017

CORAM:

THE HON'BLE MR. JUSTICE T. RAJA W.P. Nos.43213 to 43215 of 2016 M. Madhappan Petitioner in WP No.43213 of 2016 K. Srinivasan Petitioner in WP No.43214 of 2016 A. Settu Petitioner in WP No.43215 of 2016 vs.

The Government of Tamil Nadu represented by the Secretary Transport Department Secretariat St. George Fort, Chennai 600 009 The Managing Director Tamil Nadu State Transport Corporation (Salem) Ltd.

No.12, Ramakrishnan Road Salem 636 007 The General Manager Tamil Nadu State Transport Corporation (Salem) Ltd.

Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents to settle the petitioner's retirement benefits including gratuity, EL Surrender, ERBS Pension arrears, DA arrears and IRT amount and other benefits 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., 31.05.2016 to till the date of actual payment to the petitioner within a time frame.

Prayer in W.P. No.43214 of 2016:

Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents to settle the petitioner's retirement benefits including provident fund, gratuity, commutation, EL surrender, ML surrender, DA arrears, settlement arrears, ERBS pension and IRT amount and other benefits 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., 31.10.2014 to till the date of actual payment to the petitioner within a time frame.

Prayer in W.P. No.43215 of 2016:

Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents to settle the petitioner's retirement benefits including provident fund, gratuity, commutation, EL surrender, ML surrender, DA arrears, settlement arrears, ERBS pension and IRT amount and other benefits 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., 31.01.2014 to till the date of actual payment to the petitioner within a time frame.

For petitioner Mr. R. Venkatesan in all WPs For R1 Mr. V. Jayaprakash Narayanan in all WPs Special Government Pleader For RR 2 to 4 Mr. P. Paramasivadoss in all WPs Standing Counsel COMMON ORDER Inasmuch as the issue involved in all these writ petitions is one and the same, these writ petitions are considered and decided by this common order.

The petitioners, having retired from service as Selection Grade Driver/Senior Checking Inspector in the respondent Corporation on 31.05.2016, 31.10.2014 and 31.01.2014 respectively, have filed these writ petitions seeking a writ of mandamus directing the respondents to settle all their terminal benefits such as gratuity, provident fund, commutation, Earned Leave surrender, IRT amount, ERBS pension arrears, etc. with interest, as prayed for by them in the writ petitions. The learned Standing Counsel for the respondentTransport Corporation submitted that since there has been a direction issued by a Division Bench in identical cases in W.A. (MD) Nos.383 to 457 of 2015 [K.Rajendran and others v. The Tamil Nadu State Transport Corporation (Madurai) Limited, represented by its Managing Director, Madurai and others] vide judgment dated 12.06.2015 directing the Transport Corporation to disburse all the retiral benefits in 12 equal monthly instalments with 6% interest per annum, a similar direction may be issued in these writ petitions as well.

This Court, recording the statement made by the learned Standing Counsel for the respondent Corporation and taking note of the judgment dated 12.06.2015 of the Division Bench in W.A. (MD) Nos.383 to 457 of 2015 referred to above, directing the respondents therein to settle all the retirement benefits in 12 equal monthly instalments with 6% interest per annum, hereby directs the respondents herein to settle the entire retirement benefits due and payable to the petitioners in 12 equal monthly instalments with interest at the rate of 6% p.a. The instalments shall commence from July, 2017 and each of the instalments should be paid on or before 7th of each month. In case of any delay in payment of instalments, the interest payable would become 18% p.a. for the delayed period, apart from any other remedy, which may be available to the petitioners for such non-payment of the instalments.

With the above direction, these writ petitions are disposed of. Costs made easy.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar

To The Secretary Transport Department Government of Tamil Nadu Secretariat St. George Fort, Chennai 600 009 The Managing Director Tamil Nadu State Transport Corporation (Salem) Ltd.

No.12, Ramakrishnan Road Salem 636 007 The General Manager Tamil Nadu State Transport Corporation (Salem) Ltd.

Dharmapuri Region Bharathipuram Dharmapuri 636 705 The Administrator Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme Thiruvalluvar House Pallavan SAlai Chennai 600 002 +3 Ccs to Mr.R. Venkatesan, Advocate sr 25944 to 25946 +1 Cc to Mr.P.Parasivadoss, Advocate sr 25881 +1 CC to Govt. Pleader sr 25672 W.P. Nos.43213 to 43215 of 2016 NM(CO) sp/17/5