Madras High Court
K.Singaravelu vs M/S Tamil Nadu State Transport ... on 11 July, 2022
Author: D. Krishnakumar
Bench: D.Krishnakumar
W.P.No.17349, 17354, 17369, 17373,
17376, 17378 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 11.07.2022
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.P.No.17349, 17354, 17369, 17373,
17376, 17378 of 2022
K.Singaravelu ... Petitioner in W.P.17349/2022
M.Perumal ... Petitioner in W.P.17354/2022
P.Thyagarjan ... Petitioner in W.P.17369/2022
P.Veerasamy ... Petitioner in W.P.17373/2022
R.Jayaraj ... Petitioner in W.P.17376/2022
V.Suthanthiran ... Petitioner in W.P.17378/2022
Vs.
1. M/s Tamil Nadu State Transport Corporation
(Salem) Limited,
Rep. by its Managing Director,
No.12, Ramakrishna Road, Salem-7.
2. M/s Tamil Nadu State Transport Corporation
Employees' Pension Fund Trust,
Rep. by its Administrator,Thiruvalluvar Illam,
Pallavan Salai, Chennai 600 002. ... Respondents
in all writ petitions
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W.P.No.17349, 17354, 17369, 17373,
17376, 17378 of 2022
Prayer in W.P.17349 of 2022: Writ petition filed under Article 226 of
the Constitution of India seeking to issue a Writ of Mandamus,
directing the respondents to pay the petitioner interest at the rate of
18% per annum for the belated payment of his PF, Gratuity, Commuted
value of pension and Earned Leave salary; and to pay wages towards
30days of Earned Leave surrendered by the petitioner, while he was in
service to settle the amounts payable under the Social Security Scheme,
Family Benefit Fund, IRT contributions and to refund of contributions
under the post retirement benefit scheme, together with interest at the
rate of 18% within a specified time, as may be fixed by this Court.
Prayer in W.P.17354 of 2022: Writ petition filed under Article 226 of
the Constitution of India seeking to issue a Writ of Mandamus,
directing the respondents to pay the petitioner interest at the rate of
18% per annum for the belated payment of his PF, Gratuity, Commuted
value of pension and Earned Leave salary; and to settle the amounts
payable under the Social Security Scheme, Family Benefit Fund, IRT
contributions and to refund of contributions under the post retirement
benefit scheme, together with interest at the rate of 18% within a
specified time, as may be fixed by this Court.
Prayer in W.P.17369 of 2022: Writ petition filed under Article 226 of
the Constitution of India seeking to issue a Writ of Mandamus,
directing the respondents to pay the petitioner interest at the rate of
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W.P.No.17349, 17354, 17369, 17373,
17376, 17378 of 2022
18% per annum for the belated payment of his PF, Gratuity, Commuted
value of pension and Earned Leave salary; and to pay wages towards
30days of Earned Leave surrendered by the petitioner, while he was in
service; and to settle the amounts payable under the Social Security
Scheme, Family Benefit Fund, IRT contributions and to refund of
contributions under the post retirement benefit scheme, together with
interest at the rate of 18% within a specified time, as may be fixed by
this Court.
Prayer in W.P.17373 of 2022: Writ petition filed under Article 226 of
the Constitution of India seeking to issue a Writ of Mandamus,
directing the respondents to pay the petitioner interest at the rate of
18% per annum for the belated payment of his PF, Gratuity, Commuted
value of pension and Earned Leave salary; and to settle the amounts
payable under the Social Security Scheme, Family Benefit Fund, IRT
contributions and to refund of contributions under the post retirement
benefit scheme, together with interest at the rate of 18% within a
specified time, as may be fixed by this Court.
Prayer in W.P.17376 of 2022: Writ petition filed under Article 226 of
the Constitution of India seeking to issue a Writ of Mandamus,
directing the respondents to pay the petitioner interest for the belated
payment of PF, Gratuity, Commuted value of pension and the surrender
leave salary at the rate of 18% per annum; and to pay wages towards 30
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W.P.No.17349, 17354, 17369, 17373,
17376, 17378 of 2022
days of Earned Leave surrendered by the petitioner, while he was in
service; and the amounts payable under the Social Security Scheme,
Family Benefit Fund, IRT contributions and to refund of contributions
under the post retirement benefit scheme, with interest at the rate of
18% within a specified time, as may be fixed by this Court.
Prayer in W.P.17378 of 2022: Writ petition filed under Article 226 of
the Constitution of India seeking to issue a Writ of Mandamus,
directing the respondents to pay the petitioner interest at the rate of
18% per annum for the belated payment of his PF, Gratuity, Commuted
value of pension and Earned Leave salary; and to pay wages towards
30days of Earned Leave surrendered by the petitioner, while he was in
service; to settle the amounts payable under the Social Security
Scheme, Family Benefit Fund, IRT contributions and to refund of
contributions under the post retirement benefit scheme, together with
interest at the rate of 18% within a specified time, as may be fixed by
this Court.
In all Writ Petitions
For petitioners : Ms.V.Porkodi
For respondents : M/s S.Pavithra, Standing Counsel
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W.P.No.17349, 17354, 17369, 17373,
17376, 17378 of 2022
COMMON ORDER
By consent of counsels for both the parties, the writ petitions are disposed of at the admission stage itself.
2. The writ petitions have been filed seeking to issue a Writ of Mandamus, directing respondents to pay interest for the belated payment of retirement benefits and to pay other amounts payable to the petitioners.
3. The facts and circumstances of the cases and the issues involved in all the writ petitions are one and the same. Hence, this Court passes the common order.
4. Heard the learned Counsel appearing for the petitioners and the learned Counsel appearing for the respondent.
5. The petitioners were working as Checking Inspector/driver/ Trades man/Conductor under the respondent Transport Corporation and Page 5 of 9 https://www.mhc.tn.gov.in/judis W.P.No.17349, 17354, 17369, 17373, 17376, 17378 of 2022 they retired from service on attaining the age of superannuation during the year 2018, 2020. But, the respondent Corporation has settled the retirement benefits to the petitioners belatedly, without any interest. Further, the respondents have not paid the amounts payable to them, viz., Earned Leave surrendered by the petitioners, while they were in service, amounts payable under the Social Security Scheme, Family Benefit Fund, IRT contributions and refund of contributions under the post retirement benefit scheme. Hence, they made their individual representations, but the respondents have not settled the amount. Hence, the writ petition.
6.The learned Standing Counsel appearing for the respondents fairly accepted the fact that the respondent Corporation have settled the retirement benefits to the petitioners belatedly. However, as per the earlier order passed by this court in W.P.No.14633 of 2022 dated 14.06.2022, the petitioners are entitled for interest only at the rate of 4% per annum for the belated payment of retirement benefits. He further submitted that, as far as the representation with regard to the Page 6 of 9 https://www.mhc.tn.gov.in/judis W.P.No.17349, 17354, 17369, 17373, 17376, 17378 of 2022 other payments are concerned, the same will be considered by the authorities concerned and appropriate orders will be passed.
7. In view of the above submissions and with the consent of both parties, it is ordered as follows.
i) The first respondent is directed to pay penal interest to the petitioners at the rate of 4% per annum for the belated payment of retirement benefits, within a period of twelve weeks from the date of receipt of a copy of this order, subject to the condition that if the petitioners have not already given up their right for claiming interest for the retirement benefits. It is also made clear that in default, the respondent-Corporation shall have to pay the interest amount at the rate of 6% per annum to the petitioners.
ii) In so far as the other payments viz., Earned Leave surrendered by the petitioners, while they were in service, amounts payable under the Social Security Scheme, Family Benefit Fund, IRT contributions and refund of contributions under the post retirement benefit scheme are concerned, the first respondent is directed to Page 7 of 9 https://www.mhc.tn.gov.in/judis W.P.No.17349, 17354, 17369, 17373, 17376, 17378 of 2022 consider the representations of the petitioners and to pass orders, on its own merits, in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.
8. With the above directions, the writ petitions are disposed of at the admission stage itself. No costs.
11.07.2022 Index:Yes/No Internet:Yes/No mst To
1. The Managing Director, M/s Tamil Nadu State Transport Corporation (Salem) Limited, No.12, Ramakrishna Road, Salem-7.
2. The Administrator, M/s Tamil Nadu State Transport Corporation Employees' Pension Fund Trust, Pallavan Salai, Chennai 600 002.
Page 8 of 9 https://www.mhc.tn.gov.in/judis W.P.No.17349, 17354, 17369, 17373, 17376, 17378 of 2022 D. KRISHNAKUMAR, J.
mst W.P.No.17266, 17354, 17369, 17373, 17376, 17378 of 2022 11.07.2022 Page 9 of 9 https://www.mhc.tn.gov.in/judis