Madras High Court
P.Murugan vs The Tamil Nadu State Transport ... on 18 August, 2015
Author: T.Raja
Bench: T.Raja
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 18.08.2015
CORAM
THE HON'BLE MR.JUSTICE T.RAJA
Writ Petition (MD) Nos.14777 of 2015
to 14780 of 2015 &
1.P.Murugan ... Petitioner in W.P(MD)No.14777 of 2015
2.M.Muthusamy ... Petitioner in W.P(MD)No.14778 of 2015
3.S.B.S.Dasthagir
Hussain Bash ... Petitioner in W.P(MD)No.14779 of 2015
4.G.Rajamohan ... Petitioner in W.P(MD)No.14780 of 2015
Vs.
1.The Tamil Nadu State Transport Corporation (Madurai) Ltd,
rep. by its Managing Director,
Madurai.
2.The General Manager,
Tamil Nadu State Transport Corporation (Madurai) Ltd.,
Madurai Region,
Madurai.
3.The Administrator,
Tamil Nadu State Transport Corporation Pension Fund Trust,
Thiruvalluvar House,
Pallavan Salai,
Chennai ? 600 002. ... Respondents in all WPs
Common Prayer
Writ Petition is filed under Article 226 of the Constitution
of India for the issuance of a Writ of Mandamus, directing the respondents to
pay retirement benefits of the petitioner including Gratuity, Commuted
value of pension, Social Security Scheme arrears, Post retirement benefit
scheme arrears and leave salary with interest at the rate of 18% per annum
within the time that may be stipulated by this Court and to grant him the
interest at the rate of 18% per annum for the belated settlement of his
Provident Fund and the Refund of Institute of Road Transport contribution
from the date of retirement to till the date of settlement within the time
that may be stipulated by this Hon'ble Court.
!For Petitioner : Mr.A.Rahul
in all WPs
For Respondents : Mr.A.Jayaram for R1 and R2
in all WPs : Mr.A.P.Muthupandian for R3
:COMMON ORDER
The prayers in all these Writ Petitions are for issuance of a Mandamus to direct the respondents to pay retirement benefits of the petitioner including Gratuity, Commuted value of pension, Social Security Scheme arrears, Post retirement benefit scheme arrears and leave salary with interest at the rate of 18% per annum within the time that may be stipulated by this Court and to grant him the interest at the rate of 18% per annum for the belated settlement of his Provident Fund and the Refund of Institute of Road Transport contribution from the date of retirement to till the date of settlement.
2. Since the issue involved in all these writ petitions are one and the same, they are taken up together for disposal. For sake of brevity, facts are being taken from the writ petition(MD) No.14777 of 2015, which reads as under:
(i) The petitioner was appointed as a Helper in the first respondent Corporation with effect from 01.10.1982.
(ii) The petitioner, after periodical promotions lastly worked as Senior Tradesman in Madurai region and retired from service at the age of superannuation on 31.01.2015, but the respondent Corporation has not settled the terminal benefits like Gratuity, Commuted Value of Pension, leave salary, Post retirement benefit scheme, arrears and leave salary etc.
(iii)The petitioner, thereafter has given a representation to settle the entire terminal benefits along with interest for the belated payment. As there was no response to the said representation the petitioner is before this Court.
3.When the matter is taken up for hearing, Mr.A.P.Muthupandian, learned Standing Counsel appearing for the respondents 1 and 2, has submitted that the issue is covered by a judgment, passed by the Honourable Division Bench in W.A.(MD).Nos.383 to 457 of 2015 dated 12.06.2015. He has further submitted that the respondents would consider the request of the petitioners in the light of the judgment passed by the Honourable Division Bench.
4.For ready reference, the judgment passed by the Hon'ble Division Bench in W.A.(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."
5.Following the judgment of the Hon'ble Division Bench of this Court, referred to above, the respondents are directed to pay the amount due to the petitioners in 12 equal installments commencing from 1st October 2015. It is needless to mention that the entire arrears shall carry interest at the rate of 6% per annum.
6.With the above direction, these writ petitions are disposed of. No costs.
To
1.The Tamil Nadu State Transport Corporation (Madurai) Ltd, rep. by its Managing Director, Madurai.
2.The General Manager, Tamil Nadu State Transport Corporation (Madurai) Ltd., Madurai Region, Madurai.
3.The Administrator, Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai ? 600 002. .