P.V.Janardhanan, v. The Principal Secretary To

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.02.2017

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.44393/2017 P.V.Janardhanan ..

Petitioner Vs 1.The Principal Secretary to Government, Transport Department, Fort.St.George, Chennai-600 009.

2.The Managing Director, Metropolitan Transport Corporation(Chennai)Ltd., Pallavan Salai, Chennai-600002.

3.The Administrator, Tamil Nadu State Transport Corporation, Pension Fund Trust,Thiruvalluvar-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 2nd and 3rd respondents to disburse the retirement benefits, viz., Earned Leave Surrender Salary Amount of Rs.1,72,600/- Pension Commutation amount of Rs.4,07,000/- Gratuity Defference Amount of Rs.3,38,000/- Review Fixation Arrears Amount of Rs.9,200/- IRT Contribution Amount of Rs.4,500/- and Settlement Arrears Amount of Rs.1,44,000/- the toal comes to Rs.10,75,300/- (Rupees Ten Lakhs Seventy Five Thousand and Three hundred only) with 18% interest on delayed payment to the petitioner Checking Inspector who has retured from service on 30.11.2014.

For Petitioner :

Mr.D.Veerasekaran For R-1 :

Mr.K.Venkataramani , AAG Assisted by Mr.K.Dhananjayan, SPL GP For R-2 :

Mr.K.Venkataramani , AAG Assisted by Mr.P.Kannan Kumar

ORDER

By consent, the writ petition is taken up for final disposal. Mr.K.Venkataramani, learned Additional Advocate General assisted by Mr.K.Dhananjayan, learned Special Government Pleader and Mr.P.Kannan Kumar, learned Standing counsel accepts notice on behalf of the respondents.

The petitioner joined the services of Pallavan Transport Corporation, which was a Government undertaking, as a Conductor on 06.05.1980 and after amalgamation, it was renamed as Metropolitan Transport Corporation, Chennai, and he got his promotion as Special Grade Conductor on 01.05.2011 and after completing 35 years of service, he retired on 30.11.2014. According to the petitioner, at the time of his retirement, he is entitled to the retiral/terminal benefits such as EL Surrender Salary, Settlement Arrears, Gratuity

Difference amount, Pension commutation, Review Fixation Amount, IRT Contribution Amount etc., and since the said benefits have not been disbursed, the petitioner came forward to file the present writ petition. 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.

Heard the submissions of Mr.K.Venkataramani, learned Additional Advocate General appearing for the respondents 1 and 2 assisted by Mr.K.Dhananjayan, learned Special Government Pleader and Mr.P.Kannan Kumar, learned Standing counsel. 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 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."

In the light of the above facts and circumstances, the 2nd respondent is directed to settle the retiral/terminal benefits to the petitioner in twelve equal monthly installments commencing from 1st 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 2nd respondent, apart from paying arrears of pension, shall also continue to pay the pension amount due and payable to the petitioner without any default.

The writ petition stands disposed of with the above direction. No costs.

06.02.2017 Index :

No Internet :

Yes AP

M.SATHYANARAYANAN, J., AP To 1.The Principal Secretary to Government, Transport Department, Fort.St.George, Chennai-600 009.

2.The Managing Director, Metropolitan Transport Corporation(Chennai)Ltd., Pallavan Salai, Chennai-600002.

3.The Administrator, Tamil Nadu State Transport Corporation, Pension Fund Trust,Thiruvalluvar-House, Pallavan Salai,Chennai-600 002.

W.P.No.44393/2016 06.02.2017