Madras High Court
H.Jayalakshmi vs M/S State Express Transport on 19 April, 2017
Author: T.Raja
Bench: T.Raja
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 19.04.2017 CORAM THE HONOURABLE MR.JUSTICE T.RAJA W.P.Nos.9321 to 9327 of 2017 H.Jayalakshmi .. Petitioner in W.P.No.9321 of 2017 V.Vittal Naik .. Petitioner in W.P.No.9322 of 2017 G.Kalyani .. Petitioner in W.P.No.9323 of 2017 N.N.Rengababu .. Petitioner in W.P.No.9324 of 2017 V.Ramadoss .. Petitioner in W.P.No.9325 of 2017 S.Palaniraja .. Petitioner in W.P.No.9326 of 2017 A.Vaidyanathan .. Petitioner in W.P.No.9327 of 2017 -vs- M/s State Express Transport Corporation Ltd., rep.by its Managing Director No.2, Pallavan Salai Chennai 600 002 .. Respondent in all the writ petitions W.P.No.9321 of 2017 is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondent to settle the terminal benefits of the petitioner, provident Fund amount of Rs.6,07,299/-, Gratuity amount of Rs.9,00,000/-, Surrender of earned leave 138 days amount of Rs.1,70,200/- and Social Security Scheme amount of Rs.30,000/-Erode Engineering College and Perundurai Medical College amount of Rs.4,500/- and pension arrears from 01.11.2015 to 31.05.2016 for 6 months amount of Rs.68,262/- and altogether a sum of Rs.17,80,261/- with interest at the rate of 6% per annum by considering representation of the petitioner dated 16.03.2017. W.P.No.9322 of 2017 is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondent to settle the terminal benefits of the petitioner, Provident Fund amount of Rs.2,00,000/-, Social Security Scheme amount of Rs.35,000/-, Erode Engineering College and Perundurai Medical College amount of Rs.4,500/- and Selection Grade Senior Assistant fixation arrears amount of Rs.34,850/- and altogether a sum of Rs.2,74,350/- with interest at the rate of 6% per annum by considering representation of the petitioner dated 22.03.2017. W.P.No.9323 of 2017 is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondent to settle the terminal benefits of the petitioner, surrender of Earned Leave of 163.5 days amount of Rs.1,48,785/-, Social Security Scheme amount of Rs.35,000/-altogether a sum of Rs.1,83,785/- with interest at the rate of 6% per annum by considering representation of the petitioner dated 23.03.2017. W.P.No.9324 of 2017 is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondent to settle the terminal benefits of the petitioner, Provident fund amount of Rs.4,20,127/-, Surrender of Earned Leave and Medical Leave of 143.5 days amount of Rs.1,86,550/-, Erode Engineering College and Perundurai Medical College amount of Rs.4,500/-, Social Security Scheme amount of Rs.35,000/-, Commutation amount of Rs.3,50,000/- and altogether a sum of Rs.9,96,177/- with interest at the rate of 6% per annum by considering representation of the petitioner dated 21.03.2017. W.P.No.9325 of 2017 is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondent to settle the terminal benefits of the petitioner, Gratuity Amount of Rs.9,00,000/-, Surrender of Earned Leave of 30 days amount of Rs.37,000/-, Social Security Scheme amount of Rs.35,000/-, Erode Engineering College and Perundurai Medical College amount of Rs.4,500/- and altogether a sum of Rs.9,76,500/- with interest at the rate of 6% per annum by considering representation of the petitioner dated 23.03.2017. W.P.No.9326 of 2017 is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondent to settle the terminal benefits of the petitioner, Gratuity Amount of Rs.9,00,000/-, Surrender of Earned Leave of 66.5 days amount of Rs.93,100/-, Social Security Scheme amount of Rs.35,000/-, Erode Engineering College and Perundurai Medical College amount of Rs.4,500/- and altogether a sum of Rs.10,32,600/- with interest at the rate of 6% per annum by considering representation of the petitioner dated 23.03.2017. W.P.No.9327 of 2017 is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondent to settle the terminal benefits of the petitioner, provident Fund amount of Rs.3,90,000/-, commutation amount of Rs.2,00,000/-, Surrender of Earned Leave of 140 days amount of Rs.1,54,000/- and 15 days earned leave already surrendered and amount not paid Rs.16,000/-, Social Security Scheme amount of Rs.35,000/-, Erode Engineering College and Perundurai Medical College amount of Rs.4,500/-, Dearness allowance 10% from 01.01.2014 to 31.05.2014, fixation of salary with effect from 01.09.2013 as per wage settlement and refixation of pension and other consequential benefits with arrears and altogether a sum of Rs.7,99,500/- with interest at the rate of 6% per annum by considering the representation of the petitioner dated 23.03.2017. For Petitioners :: Mr.D.Soundarraj For Respondent :: Mr.P.Paramasivadoss ORDER
The petitioners, having retired on superannuation/voluntarily retired from service as Selection Grade Senior Record Clerk/Selection Grade Senior Assistant/Selection Grade Senior Tradesman/Selection Grade Senior Driver/Selection Grade Senior Conductor in the respondent Corporation on 31.10.2015, 28.02.2015, 30.06.2012, 31.5.2015, 30.06.2016, 31.05.2016, 31.5.2014 respectively, have filed these writ petitions seeking a direction to the respondent to settle the terminal benefits payable to them, as prayed for in the petitions, with interest at 6% per annum, by considering their representations dated 16.03.2017, 21.03.2017, 22.03.2017 & 23.03.2017.
2. Mr.P.Paramasivadoss, learned standing counsel for the Transport Corporation submitted that since there has been a direction issued by the Hon'ble Division Bench in W.A.(MD) Nos.383 to 457 of 2015 dated 12.6.2015 directing the Corporation to disburse all the retirement benefits in twelve equal monthly instalments with 6% interest per annum, a similar direction may be issued in these writ petitions also.
3. This Court, recording the statement made by the learned standing counsel for the respondent, taking note of the Hon'ble Division Bench judgment in W.A.(MD) Nos.383 to 457 of 2015 dated 12.6.2015 (K.Rajendran and others v. The Tamil Nadu State Transport Corporation (Madurai) Limited represented by its Managing Director, Madurai and others) directing the respondent to settle all the retirement benefits in twelve equal monthly instalments with 6% interest per annum, hereby directs the respondent to settle the entire retirement benefits due and payable to the petitioners through twelve equal monthly instalments carrying interest of 6% p.a., by considering their representations. The instalments should commence from July, 2017 and each of the instalments should be paid on or before 7th of each month. In case of any delay in 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 petitioners for such non-payment of the instalments. With this direction, the writ petitions are disposed of accordingly. No costs.
Speaking/Non speaking order 19.04.2017
Index : yes/no
ss
To
1. The Managing Director
M/s State Express Transport
Corporation Ltd.,
No.2, Pallavan Salai
Chennai 600 002
T.RAJA, J.
ss
W.P.Nos.9321 to 9327 of 2017
19.04.2017
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