Madras High Court
The Managing Director vs R.Nagarajan on 14 February, 2019
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :14.02.2019
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
Rev.Apln.Nos.17 to 39 of 2019
and
WMP.Nos.3239,4501,4509,4517,
4524,4527,4541,4542,4562,4568,4577,4582,4589,4593,4623,4636 of
2019
in
W.P.Nos.21540 to 21546 of 2017, 21714 to 21720, 21722 of 2017,
21856 to 21858 of 2017, 21860 to 21862 of 2017 & 21864, 21865 of
2017.
Rev.Apln.No.17 of 2019
The Managing Director,
Tamil Nadu State Transport Corporation (VPM) Ltd,
3/137, Salamedu Village,
Vazhudharreddy Post,
Vilupuram District.
..Petitioner in Rev.Apln.No.17 of 2019
vs
1.R.Nagarajan
2.The Principal Secretary to Government,
Department of Transport,
Secretariat, Fort St.George,
Chennai-600 009.
.. Respondents in Rev.Apln.No.17 of 2019
Prayer Rev.Apln.Nos.17of 2019: Review Petition filed under Order 47 Rule
1 R/W 114 of Code of Civil Procedures against the order passed by this
Court in WP.No.21540 of 2017 dated 11.08.2017.
http://www.judis.nic.in
2
For Petitioners in all Rev.Aplws:
M/s.S.Rajeni Ramadass
for Mr.C.P.Senthil Sujatha
For Respondents in all Rev.Aplws:
Mr.L.Chandra kumar for R1
Mr.A.N.Thambi durai
Special Government Pleader for R2
COMMONORDER
All these review applications are filed against the final order passed in the batch of writ petitions following the earlier orders passed by this Court in respect of grant of terminal and pensionary benefits to the employees of the Transport Corporation.
2. The learned Counsel for the Transport Corporation made a submission that the employees are not eligible to get the benefit of unearned leave on private affairs and the employees are not entitled for DCRG, as their terminal benefits had already been settled by the Transport Corporation.
3. The learned Counsel appearing on behalf of the review petitioner / Corporation raised a grounds in the review petitions stating that the http://www.judis.nic.in 3 employees concerned are not eligible to avail the benefits of encashment of unearned leave on private affairs and DCRG. In respect of the orders passed in some writ petitions, the individual entitlements were settled as per the Rules. A Common order was passed by this Court on the ground that the respondents are bound to settle the terminal and retirement benefits to the employees as per the Rules in force. This apart, the Court orders are clarified that the employees are eligible to get all the terminal and pensionary benefits in accordance with the Rules and as per the terms and conditions stipulated in the Pension scheme in force in the Transport Corporation.
4. The learned counsel for the employees made a submission that now the Transport Corporation has taken a stand that as per Rule (2) (w) of the Pension Fund Rules, Pensionary benefits means Pension or Service Gratuity and Family pension and do not include Death-cum-Retirement Gratuity applicable to the employees of the Government of Tamil Nadu.
5.The learned counsel for the petitioners are disputing the said ground by stating that the employees are entitled for the benefit of Death- cum-Retirement Gratuity.
http://www.judis.nic.in 4
6. In this view of the matter, the orders passed in the writ petitions are to be clarified. Considering the arguments as advanced by the learned counsel appearing for the review petitioner / Corporation and considering the legitimate claim of the employees who served in the Transport Corporation, the review petitioner / Transport Corporation is directed to decide the eligibility and other criteria in respect of the entitlements of each employee as per the Rules and as per the terms and conditions of the Scheme and accordingly settle the benefits to the employees in accordance with law and by following the Rules. This Court is of an considered opinion that, if the petitioners are so advised, they are at liberty to redress their grievances in the manner known to law.
7. All the review applications stands disposed of with the above clarification. No costs. Consequently connected miscellaneous petitions are closed.
14.02.2019 Pns Internet:Yes Index:Yes Speaking order http://www.judis.nic.in 5 To The Principal Secretary to Government, Department of Transport, Secretariat, Fort St.George, Chennai-600 009.
http://www.judis.nic.in 6 S.M.SUBRAMANIAM, J.
Pns Rev.Apln.Nos.17 to 39 of 2019 14.02.2019 http://www.judis.nic.in