K.N.Babu, v. M/S.Tamil Nadu State Transport
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.02.2017
CORAM:
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.44723 of 2016 K.N.Babu ..Petitioner Vs M/s. Tamil Nadu State Transport Corporation (Salem) Ltd., rep. by its Managing Director, Ramakrishna Salai, Salem-7.
..Respondent Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondent to settle the terminal benefits of the petitioner of gratuity amount of Rs.7,50,000/- Surrender of medical leave 102.5 days and Earned leave 34.5 days amount of Rs.1,37,000/-, Erode Engineering and Perundurai Medical College refund amount of Rs.4,500/- and Commutation amount of Rs.3,50,000/- altogether a sum of Rs.12,41,500/- with interest at the rate of 6% per annum taking into consideration of the representation of the petitioner dated 14.11.2016. For Petitioner :
Mr.D.Soundarraj For Respondent : Mr.K.Venkataramani, Additional Advocate General assisted by Mr.R.K.Gandhi.
ORDER
By consent, the writ petition is taken up for final disposal. Mr.K.Venkataramani, learned Additional Advocate General assisted by Mr.R.K.Gandhi, learned Standing counsel for Transport Corporation accepts notice on behalf of the respondent.
2. The petitioner was appointed as Driver in the respondent Corporation on 02.07.1984 and after putting 31 years of service, he retired from service on 31.01.2015 as Selection Grade Senior Driver. According to the petitioner, he is yet to be conferred with the benefits of retirement/terminal benefits. In this regard, he had submitted a representation to the respondent 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.R.K.Gandhi, learned Standing counsel appearing for the respondent.
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 respondent is directed to settle the retiral/terminal benefits to the petitioner in twelve equal monthly installments commencing from 1st May 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 respondent, apart from paying arrears of pension, shall also continue to pay the monthly pension amount to the petitioner in time without any default.
6. The writ petition stands disposed of with the above direction. No costs.
-s/dAssistant Registrar True Copy Sub-Assistant Registrar vsi To The Managing Director, M/s. Tamil Nadu State Transport Corporation (Salem) Ltd.,Ramakrishna Salai, Salem-7.
+1 cc to M/s.D.Soundar Raj Advocate sr 8190 +1 cc to Mr.P.Kannan Kumar Advocate sr 8510 W.P.No.44723 of 2016 nr(co) aa24/02/2017