R.Gurusamy v. Tamil Nadu State Transport
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.03.2017
CORAM:
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.43484 of 2016 Gurusamy ..Petitioner Vs
1. Tamil Nadu State Transport Corporation Limited, 37, Mettupalayam Road, Coimbatore-641 043 represented by its Managing Director
2. The Administrator, The Tamil Nadu State Transport Corporation, Pension Fund Trust, Thiruvalluvar House, Pallavan Hosue, Chennai - 600 002 ..Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondent to pay the petitioner all his retirement benefits including Provident Fund, Commutation, Gratuity, Leave Salary Amount 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 him the 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. Rajendiran For Respondents : Mr.P. Kannan Kumar Standing Counsel
ORDER
By consent, the writ petition is taken up for final disposal. Mr.Kannan Kumar, learned Standing Counsel accepts notice on behalf of the respondents.
2. The petitioner joined the services of the respondent Transport Corporation as a Conductor with effect from 22.02.1981 and retired from service on 30.10.2015 as Senior Checking Inspector. According to the petitioner, though he retired from service, the terminal/ retirement benefits have not been conferred on him. The petitioner is entitled to terminal / retirement benefits such as Provident Fund, Gratuity amount, Commutation Amount and Leave salary Amount. In this regard, he has also submitted a representation dated 11.11.2016 and despite receipt and acknowledgment, so far no orders have been passed, and hence, came forward to file the present writ petition.
3. Heard the submissions of learned counsel for the petitioner and Mr.P.Kannan Kumar, learned Standing counsel appearing for the respondents.
4. The Division Bench of this Court in Writ Appeal[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] has considered the similar issue and by a common judgment dated 12.06.2015, has passed the following order.
"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 (9) 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 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.
4. The Writ Appeals are disposed of accordingly.
No costs.
Consequently, the connected miscellaneous petitions are closed."
5. In the light of the above facts and circumstances, the 1st respondent is directed to settle the retiral/terminal
benefits to the petitioner in twelve equal monthly installments commencing from 1st June 2017 with interest at the rate of 6% per annum and in the event of default, the interest payable will become 18% per annum. The 1st respondent, apart from paying arrears of pension, shall also continue to pay the monthly pension amount to the petitioner on time without any default.
6. The writ petition stands disposed of with the above direction. No costs.
s/d- Assistant Registrar True Copy Sub-Assistant Registrar To
1. The Managing Director, Tamil Nadu State Transport Corporation Limited, 37, Mettupalayam Road, Coimbatore-641 043
2. The Administrator, The Tamil Nadu State Transport Corporation, Pension Fund Trust, Thiruvalluvar House, Pallavan Hosue, Chennai - 600 002 +1 CC to M/s. A. Rajendran, Advocate sr 13172 +1 CC to M/s. P. Kannan Kumar Advocate sr 13499 W.P.No.43484 of 2016 AMI(CO) sp/20/3