Madras High CourtWP(MD)/12936/2015disposed of

K.Muthupandi v. The Managing Director

2015-07-24Honourable Mr Justice S. Vaidyanathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.07.2015

CORAM:

THE HONOURABLE Mr.JUSTICE S.VAIDYANATHAN W.P.(MD)Nos.12936 to 12939 of 2015

1. K.MUTHUPANDI S/O.M.KUPPUSAMY, 5/138, MAHARAJA NAGAR, VIRAGANOOR (POST) MADURAI 625 009. ... Petitioner(s) in WP(MD). 12936/ 2015

1. P.SHANMUGAWEL S/O.PARAMASIVAM 49/219, CHINA SURAIKKAIPATTI, RAJAPALAYAM - 626 117, VIRUDHUNAGAR DISTRICT.

... Petitioner(s) in WP{(MD).12937/2015

1. P.MANI S/O.N.PONNUSAMY, 21, KPILLAIYAR KOIL BIG STREET, KARIAPATTI, VIRUDHUANHAR DIST ... Petitioner(s) in WP{(MD).12938/2015

1. S.THANGAVEL S/O.P.SUBBIAH THEVAR, 137/176, MARIAMMAN KOIL STREET, RAJAPALAYAM 626 117, VIRUDHUNAGAR ... Petitioner(s) in WP{(MD).12939/2015 1 THE MANAGING DIRECTOR, TAMILNADU STATE TRANSPORT CORPORATION (MADURAI) LTD., BY PASS ROAD, MADURAI 625 010.

2 THE GENERAL MANAGER, TAMILNADU STATE TRANSPORT CORPORATION (MADURAI) LTD., BY PASS ROAD, MADURAI 625 010. .. Respondent(s) in WP(MD). 12936/2015 1 THE MANAGING DIRECTOR, TAMILNADU STATE TRANSPORT CORPORATION (MADURAI) LTD., BY PASS ROAD, MADURAI 625 010.

2 THE GENERAL MANAGER, TAMILNADU STATE TRANSPORT CORPORATION (MADURAI) LTD., VIRUDHUNAGAR REGION, VIRUDHUNAGAR. ..Respondent(s)in WP(MD).12937/2015

1 THE MANAGING DIRECTOR, TAMILNADU STATE TRANSPORT CORPORATION (MADURAI) LTD., BY PASS ROAD, MADURAI - 10.

2 THE GENERAL MANAGER, TNSTC(MADURAI) LTD., VIRUDHUNAGAR REGION, VIRUDHUNAGAR DISTRICT.

3 THE ADMINISTRATOR, TNSTC EMPLOYEES PENSION TRUST, OFFICE OF SECT, PALLAVANSALAI, CHENNAI.

.. Respondent(s) in WP(MD). 12938/2015 1 THE MANAGING DIRECTOR, TAMILNADU STATE TRANSPORT CORPORATION (MADURAI) LTD., BY PASS ROAD, MADURAI - 625 010.

2 THE GENERAL MANAGER, TNSTC(MADURAI) LTD., VIRUDHUNAGAR REGION, VIRUDHUNAGAR .. Respondent(s) in WP(MD). 12939/2015 Prayer in WP(MD). 12936/ 2015 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, directing the respondents to settle the entire terminal benefits of gratuity, Surrender of Earned Leave and Encasement, Arrears of Dearness Allowance, Encashment of Medical Leave immediately with interest at the rate of 12% from the date of the petitioner s retirement on 30.4.13. Prayer in WP(MD). 12937/ 2015 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, directing the respondents to settle the entire terminal benefits of Gratuity, Commutation of Pension, Surrender of Earned Leave and Encashment, Arrears of Dearness Allowance, Encashment of Medical Leave immediately with interest at the rate of 12% from the date of the petitioner s retirement on 30.11.2014.

Prayer in WP(MD). 12939/ 2015 :

For Petitioners : Mr.K.S.Muthu all WPs.

For Respondents : Mr.A.Jeyaram all Wps.

COMMON ORDER When the matters are taken up for hearing, The learned Standing Counsel appearing for the respondents submitted that the issue is covered by a judgment, passed by the Honourable Division Bench in WA (MD).Nos.383 to 457 of 2015, dated 12.06.2015. He would further submit that the respondents would consider the request of the petitioners, in the light of the judgment passed by the Honourable Division Bench.

2. For ready reference, the judgment passed by the Honourable Division Bench in WA (MD).Nos.383 to 457 of 2015, dated 12.06.2015 is extracted as follows:

"The learned Additional Advocate General submits that he has obtained written instructions vide letter No.7945/E/2015-2 dated 11.06.2015 that the terminal benefits of the appellants would be settled through twelve equal monthly instalments, 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. UTTAR HARYANA BIJLI VITRAN NIGAM LTD & ORS {2014 (9) SCALE - 78}, wherein it is held 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 appellants for non-compliance of undertaking given to this Court.

3.The instalments to be paid from July 2015 and each instalment should be paid on or before 7th of each month.

4.The writ appeals are disposed of accordingly. No costs."

3. Taking note of the fact that in the aforesaid judgment that the instalment has to be paid from July 2015 and that the instalment should be paid on or before 7th day of each month, the respondents are directed to commence instalments from September, 2015 and pay the amount in installments as per the direction given by the Honourable Division Bench in the above said judgment.

4.The writ petitions are disposed of with the above direction. There is no order as to costs.

Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar To 1.The Managing Director, The Tamil Nadu State Transport Corporation (Madurai) Ltd., By pass road, Madurai 625 010.

2.The General Manager, Tamil Nadu State Transport Corporation (Madurai) Ltd., By pass Road, Madurai 625 010.

4. The General Manager, Tamil Nadu State Transport Corporation (Madurai) Ltd., Virudhunagar Region, Virudhunagar District.

5. The Administrator, TNSTC Employees Pension Trust, Office of SECT, Pallavan Salai, Chennai.

+Four CC to Mr.K.S.Muthu Advocate Sr.No.41193, 41194, 41195, 41196 GJM/NGM/SS/11.9.15-4P-10C W.P.(MD)Nos.12936 to 12939 of 2015 24.07.2015