M.Mohamed Sathik Tr0507, v. Tamilnadu State Transport
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.02.2017
CORAM:
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.43620 of 2016 M. Mohamed Sathik .. Petitioner Vs 1.Tamil Nadu State Transport Corporation (Villupuram) Ltd., Rep. by its Managing Director 3/137, Salamedu, Villupuram - 605 602.
2.The General Manager Tamil Nadu State Transport Corporation (Villupuram) Ltd., Cuddalore Region, Cuddalore.
3.The Administrator Tamil Nadu State Transport Corporations Employees Pension Fund Trust, Tiruvallurvar Illam, Pallavan Salai, Chennai - 600 002.
... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, for the issuance of writ of mandamus, directing the respondents to pay the petitioner a sum of Rs. 8,83,645/- towards gratuity; a sum of RS. 3,60,000/- towards earned leave salary for 240 days; a sum of Rs. 3,501/- towards arrears of difference in D.A. for 3 months payable prior to his retirement; a sum of Rs. 2,915/- towards arrears of difference in D.A. payable along with monthly pension due to the increase in D.A. for 5 months from the date of retirement and revised monthly pension based on such increased D.A. as revised from time to time from November, 2016 with arrears; a sum of Rs. 10,000/- towards the balance amount of arrears of wages and D.A. payable to him as per the settlement dated 13.04.2015;monthly pension payable under the Post Retirement Scheme from July, 2016 with arrears together with interest at the rate of 12% per annum for the above benefits and also to pay him interest for the belated payment of service/terminal benefits including the
belated payment of commuted value of pension which were already paid to the petitioner and award costs.
For Petitioner : Mr.R.Krishnaswamy For Respondents: Mr.K.Venkataramani Additional Advocate General Assisted Mr.P.Kannan Kumar
ORDER
By consent, this 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 on 18.11.1981 as a Junior Tradesman and got his promotion as a Senior Tradesman and on attaining the age of superannuation, he retired from service on 30.06.2016. The grievance expressed by the petitioner is that though he has retired as early as on 30.06.2016, the terminal benefits such as Gratuity, earned leave salary, arrears of difference in D.A., arrears of difference in D.A. payable along with monthly pension due to increase in D.A. and revised monthly pension based on such increased D.A. with arrears, arrears of wages and D.A. payable as per the settlement dated 13.04.
2015, monthly pension under the Post Retirement Benefit Scheme with arrears and interest for the belated payment of service/terminal benefits as per 12 (3) settlement under the Industrial Disputes Act, including the belated payment of the commuted value of pension, which were already paid, have not been settled. In this regard, he has submitted a representation dated 17.11.2016 to the respondents. Since the said representation has not been disposed of, the petitioner has come before this Court with this writ petition.
3. The learned counsel appearing for the petitioner would submit that the matter in issue is squarely covered by the common Judgment dated 12.06.2015 made in W.A.No.(MD)Nos.383 to 457 of 2015, [K.Rajendran and others Vs. Tamil Nadu State Transport Corporation, represented by its Managing Director, Madurai-10 and three others], wherein, the Division Bench has passed orders, ordering payment of terminal benefits, in 12 equal monthly installments, carrying interest at the rate of 6% p.a. and taking into consideration the hardship and misery being suffered by the petitioner, prays for appropriate orders.
4. This Court heard the submissions of Mr.K.Venkataramani, learned Additional Advocate General assisted by Mr.P.Kannankumar, learned Standing Counsel for the respondents, who would submit that in the light of the above cited Judgment, appropriate orders may be passed.
5. This Court considered the rival submissions and also perused the materials placed before it.
6. It is relevant to extract the orders passed in W.A.No. (MD)Nos.383 to 457 of 2015:
"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 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."
7. A similar issue came up for consideration in a batch of cases and one such case is W.P.No.42555 of 2016 and this Court, after hearing the submissions of the learned counsel appearing for the petitioner therein, as well as the submission of Mr.K.Venkataramani, learned Additional Advocate General, by following the above cited Judgment, disposed of the said writ petition on 19.01.2017, the operative portion of which is extracted below:- "10. In the light of the above facts and circumstances, the State Transport Undertakings/Transport Corporations shall settle all the terminal benefits due and
payable to the petitioner in the light of the common judgment rendered in W.A.No.(MD)Nos.383 to 457 of 2015 and the installments to be paid from 01.04.2017.
The Administrative Department shall ensure that there is no default as to the compliance of the orders passed by this Court in this regard. It is also made clear that neither the Transport Corporation nor the Administrative Department shall drive the retired employees to approach this Court for similar relief and in the light of the fact that the above orders equally binds them shall make every endeavour to pass similar orders at least on the date of retirement of the employees. It is further made clear that the non compliance of the order passed by this Court may visit the concerned respondents with grave consequences by way of contempt proceedings".
8. In the light of the above facts and circumstances and also in the light of the earlier orders passed by this Court, the terminal benefits due and payable to the petitioner shall be paid by the respondents in 12 equal monthly instalments with interest at 6% p.a. and the 1st instalment shall commence from April 2017 and to be continuously paid until settling the entire arrears. The respondents shall also pay pension periodically to the petitioner without any default. It is made clear 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 petitioner for non-compliance of undertaking given to this Court.
The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar nv
To 1.Tamil Nadu State Transport Corporation (Villupuram) Ltd., Rep. by its Managing Director 3/137, Salamedu, Villupuram - 605 602.
2.The General Manager Tamil Nadu STate Transport Corporations (Villupuram) Ltd., Cuddalore Region, Cuddalore.
3.The Administrator Tamil Nadu State Transport Corporations Employees Pension Fund Trust, Tiruvallurvar Illam, Pallavan Salai, Chennai - 600 002.
+1cc to Mr.V. Ajoykhose, Advocate, S.R.No.7172 +1cc to Mr.P. Kannan Kumar, Advocate, S.R.No.8123 PK(CO) EU 23.2.17 W.P.No.43620 of 2016