S.Janaki v. The Management Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.02.2017
CORAM:
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.44417 of 2016 S. Janaki
...Petitioner
Vs
1. The Management of Tamil Nadu State Transport Corporation (Kovai) Ltd., rep by its Managing Director, Coimbatore
2. The Administrator, Tamil Nadu State Transport Employees' Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai - 2
...Respondents
Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the first respondent to pay the petitioner the amounts payable as retirement benefits for the services of her husband/deceased retired employee K.
Subbulu namely Rs.4,13,308/- towards Gratuity and also arrears of wages for the period from 01.09.13 to 31.03.14 payable pursuant to new wage settlement dated 13.04.15, together with 18% interest per annum, along with interest amount towards the delayed payment of EPF Employee's Contribution Rs.87,445/- for the period from 31.03.13 to 26.07.14 at the rate as per E.P.F Scheme and further directing the respondents to pay her Rs.1,74,887/- towards the Pension Commutation and arrears of pension for the period from 01.04.14 to 13.04.16 payable to him together with 18% interest per annum, after calculating all his terminal/pension benefits based on the monthly wages payable to him on the month of his retirement i.e., March 2014 by revising the same as per the Settlement dated 13.04.15.
For Petitioner :
Mr.V. Ajoykhose For Respondents: Mr.K. Venkataramani Addl. Advocate General assisted by Mr.P. Kannan Kumar Standing Counsel for Transport Corporation.
O R D E R
By consent, the writ petition is taken up for final disposal. Mr.K.Venkataramani, learned Additional Advocate General assisted by Mr.P.Kannan Kumar, learned Standing counsel for Transport Corporation accepts notice on behalf of the respondents.
2. The husband of the petitioner namely K.Subbulu was employed as Conductor in the service of the respondent Transport Corporation (Kovai) Ltd. on 27.07.1990 and after putting in 24 years of service, he retired from service as a Special Grade Conductor on 31.03.2014 with Staff No.90CR1.014687. The grievance expressed by the petitioner is that despite his retirement, the retiral/terminal benefits such as Gratuity, arrears of wages, EPF Employees Contribution, Pension Commutation and arrears of pension etc. have not been paid to the petitioner. In this regard, she had submitted a representation to the respondents dated 14.11.2016 and despite receipt and acknowledgment, no orders have been passed and hence, came forward to file the present writ petition.
3. Heard the submissions of K.Venkataramani, learned Additional Advocate General assisted by 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.
Sd/- Assistant Registrar //True Copy// vsi Sub Assistant Registrar To 1 The Managing Director, Tamil Nadu State Transport Corporation (Kovai) Ltd., Coimbatore The Administrator, Tamilnadu State Transport Employees'Pension Fund Trust, Thiurvalluvar Illam, Anna salai, Chennai-2.
+1cc to Mr.Ajoy khose, Advocate, S.R.No.11672 +1cc to Mr.Kannan kumar, Advocate, S.R.No.11645 KJ(CO) RS(13/03/2017) W.P.No.44417 of 2016