Madras High Court
V.Ganesan vs The Management Of on 27 October, 2015
Author: T.Raja
Bench: T.Raja
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.10.2015 CORAM THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)Nos.18470 of 2015 to 18473 of 2015 In W.P.(MD) No.18470 of 2015: V.Ganesan ... Petitioner Vs. 1.The Management of Tamilnadu State Transport Corporation (Madurai) Ltd., Dindigul Region, Rep. By its Managing Director, Dindigul. 2.The Administrator, Tamilnadu State Transport Employees' pension Fund Trust, Thiruvallurvar Illam, Anna Salai, Chennai ? 2. .. Respondents PRAYER in 18470 of 2015: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the first respondent to pay Rs.6,63,317/- towards Gratuity, Rs.4,94,451 towards E.P.F., Rs.2,18,808/- towards Leave Salary, Rs.15,828/- towards Employees Social Security Scheme, and Rs.4,360/- towards re-payment of deposits together with 18% interest per annum and further directing the respondents to pay Rs.3,16,340/- towards the Pension Commutation amount together with 18% interest per annum within a time frame as may be fixed by this Court award costs. In W.P.(MD) No.18471 of 2015: S.Chandra Mohan ... Petitioner Vs. 1.The Management of Tamilnadu State Transport Corporation (Madurai) Ltd., Dindigul Region, Rep. By its Managing Director, Dindigul. 2.The Administrator, Tamilnadu State Transport Employees' pension Fund Trust, Thiruvallurvar Illam, Anna Salai, Chennai ? 2. .. Respondents PRAYER in 18471 of 2015: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the first respondent to pay the petitioner Rs.2,46,624/- towards Leave Salary together with 18% interest per annum and also interest for the delayed payment of gratuity as per Section 7 (3 A) of the Payment of Gratuity Act and further directing the 1st and 2nd respondents to pay interest for the delayed payment of the Pension Commutation amount at the rate of 6% p.a as declared by the Hon'ble Division Bench of this Court in its order dated 04.07.2014 in W.A.Nos.403/2010 and etc., batch, within a time frame as may be fixed by this Court award costs. In W.P.(MD) No.18472 of 2015: P.Ponnusamy ... Petitioner Vs. 1.The Management of Tamilnadu State Transport Corporation (Madurai) Ltd., Dindigul Region, Rep. By its Managing Director, Dindigul. 2.The Administrator, Tamilnadu State Transport Employees' pension Fund Trust, Thiruvallurvar Illam, Anna Salai, Chennai ? 2. .. Respondents PRAYER in 18472 of 2015: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the first respondent to pay the petitioner Rs.6,85,772/- towards Gratuity, Rs.55,537/- towards Leave Salary and Rs.54,324/- towards arrears of wages together with 18% interest per annum and further directing the respondents to pay Rs.3,00,348/- towards the Pension Commutation amount and Rs.32,716/- towards arrears of pension together with 18% interest per annum within a time frame as may be fixed by this Court awards costs. In W.P.(MD) No.18473 of 2015: M.Mariya Michael ... Petitioner Vs. 1.The Management of Tamilnadu State Transport Corporation (Madurai) Ltd., Dindigul Region, Rep. By its Managing Director, Dindigul. 2.The Administrator, Tamilnadu State Transport Employees' pension Fund Trust, Thiruvallurvar Illam, Anna Salai, Chennai ? 2. .. Respondents PRAYER in 18473 of 2015: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the first respondent to pay the petitioner Rs.4,90,688/- towards Gratuity, Rs.2,75,721/- towards Leave Salary and Rs.38,772/- towards arrears of wages together with 18% interest per annum and further directing the respondents to pay Rs.2,54,746/- towards the Pension Commutation amount and Rs.16,800/- towards arrears of pension together with 18% interest per annum within a time frame as may be fixed by this Court awards costs. In W.P.(MD) Nos.18470 to 18473 of 2015: !For Petitioner ... Mr.S.Arunachalam ^For Respondents ... Mr.A.Jeyaraman :C O M M O N O R D E R
The Writ Petitions have been filed seeking issuance of a Writ of Mandamus directing the respondents to pay the retirement benefits.
2. By consent, the Writ Petitions are taken up for hearing at the stage of admission itself.
3.Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the respondents.
4. Today, the Managing Director representing the Tamil Nadu State Transport Corporation Limited Madurai, Kumbakonam and Tirunelveli Divisions, appeared before this Court and submitted that there are 2600, 1955 and 1054 retirees waiting in a queue for disbursement of the retirement benefits from Madurai, Kumbakonam and Tirunelveli respectively.
5. However, the learned counsel appearing for the Transport Corporation would submit that the Hon'ble Division Bench of this Court has already passed a consent order dated 12.06.2015 for early disbursement of retirement benefits through 12 equal monthly installments carrying interest at the rate of 6% and the said order has been scrupulously followed. Now, the Transport Corporation is facing financial problem and they also made a request to the Government to sanction adequate funds to meet the present deficit and the fund is likely to be sanctioned in the month of December 2015.
6. After the receipt of sufficient fund from the Government, the respondent Corporation would be in a position to solve the problem being faced by the retirees. Till such time, the respondent Corporation would disburse the retirement benefits of retirees through 12 equal monthly installments along with interest for all the retirees, who approached this Court and got an order.
7. Secondly, the persons who are not approaching this Court are placed in seniority list and on the basis of the seniority list, their retirement benefits would be disbursed. However, if the fund is received from the Government, the issue would be finally resolved once and for all. The above submissions are placed on record.
8. Taking note of the fact that the consent order passed by the Hon'ble First Bench of this Court is being followed in favour of the persons who approached this Court and in view of the practical problem faced by the Transport Corporation, this Court on being satisfied with the approach adopted by the respondent Corporation hereby directs the respondent Corporation to strictly follow the consent order passed by the Hon'ble Division Bench of this Court on 12.06.2015 not only to the retirees who have approached this Court for early disbursement of retirement benefits but also to the persons who are waiting in a queue for a long time and not approached this Court to such relief.
9. With the above direction, the Writ Petitions are disposed of. No costs. Consequently, connected M.P.s are closed.
To
1.The Management of Tamilnadu State Transport Corporation (Madurai) Ltd.,Dindigul Region, Rep. By its Managing Director,Dindigul.
2.The Administrator, Tamilnadu State Transport Employees' pension Fund Trust, Thiruvallurvar Illam, Anna Salai, Chennai ? 2..