S.Kalaperumal, Staff C 10635 v. The Principal Secretary To
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 19.01.2017
CORAM:
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.Nos.44385 to 44389 of 2016 S.Kalaperumal ... Petitioner in W.P.No.44385/2016 P.Periaswamy ... Petitioner in W.P.No.44386/2016 G.Vasu ... Petitioner in W.P.No.44387/2016 C.Selvaraj ... Petitioner in W.P.No.44388/2016 P.Kannadhasan ... Petitioner in W.P.No.44389/2016 Vs.
1.The Principal Secretary to Government Transport Department Fort St. George Chennai - 600 009.
2.The Managing Director Metropolitan Transport Corporation (Chennai) Limited Pallavan Salai Chennai - 600 002 .... Respondents 1& 2 in all WPs 3.The Administrator Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House, Pallavan Salai Chennai - 600 002.
...3rd Respondent in W.P.
Nos.44385 to 44388/2016 W.P.No.44385/2016 Writ Petition filed under Article 226 of the Constitution of India, for the issuance of writ of mandamus, directing the the 2nd respondent to disburse the retirement benefits viz. Settlement Arrears Amount of Rs.1,65,600/- (Rupees One Lakhs Sixty Five Thousand and Six Hundred Only) as directed by Transport Department in G.O.(Ms). No.61 dated 30.04.2015 with 18% interest on delayed payment to the petitioner the Checking Inspector who has retired from service on 30.04.2012.
W.P.No.44386/2016 Writ Petition filed under Article 226 of the Constitution of India, for the issuance of writ of mandamus, directing the the 2nd and 3rd respondents to
disburse the retirement benefits viz. Earned Leave Surrender Salary Amount of Rs.3,68,000/- Pension Commutation Amount of Rs.3,30,000/- IRT Contribution Amount of Rs.4,600/- the total comes to Rs.7,02,600/- (Rupees seven Lakhs two Thousand and Six Hundred Only) as directed by Transport Department in G.O. (Ms).No.61 dated 30.04.2015 with 18% interest on delayed payment to the petitioner the Checking Inspector who has retired from service on 30.09.2015.
W.P.No.44387/2016 Writ Petition filed under Article 226 of the Constitution of India, for the issuance of writ of mandamus, directing the the 2nd and 3rd respondents to disburse the retirement benefits viz. Earned Leave Surrender Salary Amount of Rs.4,35,000/- Pension Commutation Amount of Rs.3,56,000/- Leave on Private Affairs Amount of RS. 75,000/- IRT Contribution Amount of Rs.4,600/- the total comes to Rs.8,70,600/- (Rupees Eight Lakhs Seventy Thousand and Six Hundred Only) as directed by Transport Department in G.O.(Ms). No.61 dated 30.04.2015 with 18% interest on delayed payment to the petitioner the Traffic Manager who has retired from service on 31.08.2015.
W.P.No.44388/2016 Writ Petition filed under Article 226 of the Constitution of India, for the issuance of writ of mandamus, directing the the 2nd respondent to disburse the retirement benefits viz. Settlement Arrears Amount of Rs.75,000/- (Rupees Seventy Five Thousand Only) as directed by Transport Department in G.O.(Ms).No.61 dated 30.04.2015 with 18% interest on delayed payment to the petitioner the Checking Inspector who has retired from service on 31.05.2011 W.P.No.44389/2016 Writ Petition filed under Article 226 of the Constitution of India, for the issuance of writ of mandamus, directing the the 2nd respondent to disburse the retirement benefits viz. Earned Leave Surrender Salary Amount of Rs.3,00,000/- (Rupees three lakhs only) with 18% interest on delayed payment to the petitioner the Selection Grade Driver who has retired from service on 31.05.2013. For Petitioner : Mr.Veerasekaran (in all WPs) For Respondents : Mr.K.Venkataramani (in all WPs) Additional Advocate General Assisted by Mr.K.Dhananjayan, Special Government Pleader for R1 Mr.P.Kannan Kumar for R2 & R3
COMMON ORDER By consent, all the writ petitions are taken up for final disposal, as the issue involved and to be adjudicated is one and the same.
2. The respective learned counsel appearing for the parties would submit that it is not at all in dispute that they were retired employees of various Transport Corporations, which comes under the administrative control of the Administrative Department viz., Transport Department, Secretariat, Chennai-9 and despite the fact that they have retired from service long back, terminal benefits due and payable to them, have not been settled for years together and in some cases, though pension amount has been granted, all of a sudden it has been stopped citing reason for lack of funds.
3. The attention of this Court has also been invited to the 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 them, appropriate orders may be passed.
4. Per contra, Mr.K.Venkataramani, learned Additional Advocate General assisted by Mr.K.Dhananjayan, learned Special Government Pleader appearing for the first respondent and Mr.P.Kannan Kumar, learned Standing Counsel appearing for the respondents 2 and 3 had invited the attention of this Court to letter No.20482/C1/2016-1, dated 12.01.2017 sent by Mr.V.Mohanraj, I.A.S., Transport (C1) Department, Secretariat, Chennai- 600 009, addressed to him and would submit that the State Transport Corporation are finding it extremely difficult to run the buses on account of the fact that it is carrying out social objectives and it is not any deliberate act on the part of the Transport Corporation to settle the terminal benefits on time and only on account of the financial crises, they are unable to settle the terminal benefits on time and they will scrupulously comply the above cited judgment passed in W.A.No.(MD)Nos.383 to 457 of 2015 (cited supra).
5. This Court has also put a question to the learned Additional Advocate General, since free bus passes and other benefits have been conferred, whether the subsidy due and payable by the Government have been paid and the learned Additional Advocate General, on instructions has produced the statement showing the subsidy given to the State Transport Undertakings by the Government and the amount diverted for the pension as well as the statement showing the details of the amount sanctioned in HSD and Student Concession subsidy 2016-
17 and would submit that as on today, the amounts due and payable by the Government have been paid to the State Transport Undertakings and prays for appropriate orders.
6. This Court bestowed it's best attention to the rival submissions and also perused the materials placed before it.
7. The underlying object to form a Government company is to infuse efficiency and better administration and in the case on hand, it appears that the said object has not been set at naught for various reasons. But according to the learned Additional Advocate General difficulty is on account of the various welfare measures initiated and provided to the concerned section of society by the Transport Corporations for the purpose of attainment of providing relief to the travelling public.
Be that as it may, the petitioners are the retired employees, who had put in hard and sincere service and therefore, normally they would expect the settlement of terminal benefits either on their date of retirement or at least some time in future and they cannot wait indefinitely for getting terminal benefits and such a kind of act for belated payment of pension/non settlement of terminal benefits, reflects the efficiency of Transport Corporations/ Transport Undertakings and this Court is optimistic that the Administrative Department shall take care of the same and provide solution to the everlasting problem.
8. 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 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."
9. It is also relevant to extract the letter of the Deputy Secretary to Government as well as the statement showing the subsidy given to the State Transport Undertakings by the Government and the amount diverted for the pension and the statement showing the details of the amount sanctioned in HSD and Student Concession subsidy 2016-17:
"Transport (C1) Department, Secretariat, Chennai - 600 009.
From Thiru V.Mohanraj, I.A.S., Deputy Secretary to Government.
To The Additional Advocate General VII, High Court of Madras, Chennai - 104.
Sir, Sub: W.P.No.42555 of 2016 - On the filing of High Court of Madras- Filed by Thiru A.Annamalai, Selection Grade Senior Driver for sanctioning of Retirement Benefits - Details of settlement of Pensionary benefits and Financial position - Furnished - Regarding.
Ref: Your letter dated 20.12.2016.
------- I am to invite your kind attention to the reference cited and to state that in W.A.No.383 to 457/2015 appeal filed by management to settle the terminal benefits order dated 12.06.2015, the Hon'ble High Court of Madras & Madurai bench passed directions to state Transport undertaking to pay 12 equal monthly installments with the interest @ 6% p.a. As per Hon'ble High Court directions, the State Transport Undertakings have paid so far the retirement benefit dues to the employees for those who have filed writ petitions (Details are given below)
STU Terminal Benefit due for Retired employees as on date 15/12/2016 Other than Commutation (PF, Gratuity, Leave Salary & etc.,) Commutatio n alone Total (6+7+ 9) Tota l No.
of empl oyee s WP file d empl oyee s WP not filed emplo yees Amount Settle d so far in WP filed employ ees Balan ce Amoun t to be settl ed so far for WP filed emplo yees Amoun t to be settl ed for WP not filed emplo yees No.
of pers ons Amou nt to be sett led MTC 2364 48 0.27 1.69 32.55 1597 18.9 53.16 SETC 5789 598 23.34 4.08 80.35 1005 12.6 97.03 VPM 3390 707 21.08 63.49 124.1 2102 31.3 219.0 SLM 2584 832 12.70 64.90 180.9 1340 17.6 263.5 CBE 4869 793 15.71 46.62 285.9 1419 14.0 346.5 KUM 3140 1827 1313 61.63 63.02 84.18 1990 31.8 179.0 MDU 2888 1816 1072 39.47 83.40 103.0 1327 20.7 207.2 TNV 5253 393 3.97 39.44 164.8 7.27 211.5 Tota l 6966 20947 178.17 366.6 1055.
154.
1577.
It is also informed that the State Transport Undertakings are not able to run the buses due to facing heavy financial crisis in day to day operations in diesel price hike cost escalation of materials, wage settlement of employees in revision of pay etc.
However, the State Transport Undertakings are settling the terminal benefits in 12 equal installments with 6% interest for those who have obtained Court directions. It is also informed that the State Transport Undertakings will settle terminal benefits to some extent on seniority basis
for those who have not approached the Court based on financial position of State Transport Undertakings. In spite of the number of retired employees who are approaching the Court increase day by day and State Transport undertakings will not be in a position to settle terminal benefits as State Transport Undertakings faces heavy financial crisis. However State Transport Undertakings will take steps to settle retirement benefits as and when financial position improves.
Statement showing subsidies given to the State Transport Undertakings by the Government and amount diverted for pension.
Sl.
No G.O. In which amount sanctioned Total amount sanctioned Amount diverted to the pension Trust for Pension G.O.(Ms) NO.46 and 47, Transport (T1) Department, dated 26.04.2016.
86.54 71.15 G.O.(Ms) NO.51 and 52, Transport (T1) Department, dated 10.05.2016.
93.7 76.25 G.O.(Ms)No.63 and 64, Transport (T1) Department, dated 23.06.2016.
111.01 80.37 G.O.(Ms)No.72 and 73 Transport (T1) Department, dated 25.07.2016.
133.25 82.10 G.O.(Ms)No.74 and 75, Transport (T1) Department, dated 23.08.2016.
134.37 86.25 Statement showing the details of amount sanctioned in HSD and Student Concession Subsidy 2016-17 Amount provided in RBE Student Concession Subsidy : Rs.505.3516 crore HSD : Rs.200 crore
Sl.
No.
G.O.Nos. and date Amount (Rs. In crore) HSD SC S HSD SCS G.O.(4D) No.2, Transport (T1) Department, dated 04.03.2016.
(Engineering Councelling) 1.3516 G.O.(Ms)No.46, Transport (T1) Department, dated 26.04.2016 G.O.(Ms)No.47, Transport (T1) Department, dated 26.04.2016 14.54 72.0000 G.O.(Ms)No.50, Transport (T1) Department, dated 10.05.2016 G.O.(Ms)No.51, Transport (T1) Department, dated 10.05.2016 21.74 72.0000 G.O.(Ms)No.58, Transport (T1) Department, dated 26.05.2016. (ITI arrear from 20122015) 18.4474 G.O.(Ms)No.63, Transport (T1) Department, dated 23.06.2016.
G.O.(Ms)No.64, Transport (T1) Department, dated 23.06.2016.
39.01 72.0000 G.O.(Ms)No.72, Transport (T1) Department, dated 20.07.2016.
G.O.(Ms)No.73, Transport (T1) Department, dated 25.07.2016.
58.25 75.0000 G.O.(Ms)No.74, Transport (T1) Department, dated 23.08.2016.
G.O.(Ms)No.75, Transport (T1) Department, dated 23.08.2016.
59.37 75.0000 G.O.(Ms)No.76, Transport (T1) Department, dated 26.08.2016. (Wage settlement arrear) 61.9100
Sl.
No.
G.O.Nos. and date Amount (Rs. In crore) G.O.(Ms)No.91, Transport (T1) Department, dated 14.10.2016.
G.O.(Ms)No.92, Transport (T1) Department, dated 14.10.2016.
7.09 57.6426 G.O.(Ms)No.97, Transport (T1) Department, dated 17.11.2016.
81.86 (ASL) G.O.(Ms) No.104, Transport (T1) Department, dated 01.12.2016 56.09 (ASL) G.O.(Ms) No.106, Transport (T1) Department, dated 30.12.2016 62.06 (ASL)
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 petitioners/legal representatives of the deceased employees 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.
11. The writ petitions are disposed of accordingly. No costs.
Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar
To 1.The Principal Secretary to Government Transport Department Fort St. George Chennai - 600 009.
2.The Managing Director Metropolitan Transport Corporation (Chennai) Limited Pallavan Salai Chennai - 600 002 3.The Administrator Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme Thiruvalluvar House, Pallavan Salai Chennai - 600 002.
+1cc to Mr. D. Veerasekaran Advocate in SR.NO. 4018 W.P.Nos.44385 to 44389 of 2016 LRS(CO) VR(20/02/2017)