all the writ petitions
3. The Administrator, Tamil Nadu State Transport Corporation, Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai 600 002. ..3rd respondent in W.P.
Nos. 2901 to 2904 of 2017 Prayer: Petitions under
Article 226 of the Constitution of India praying for issue of a Writ of Mandamus as stated therein.
For Petitioners :: Mr.D. Veerasekaran For Respondents :: Mr.K. Dhananjayan, Special Govt. Pleader for R1 in all the writ petitions Mr.P. Kannan Kumar for R2 in all the writ petitions COMMON ORDER By consent, the main writ petitions themselves are taken up for final disposal.
2. Mr.K. Dhananjayan, learned Special Government Pleader accepts notice on behalf of the 1st respondent and Mr. P. Kannan Kumar, learned Standing Counsel accepts notice on behalf of the 2nd respondent.
3. As far as the petitioner in W.P. No. 2900 of 2017 is concerned, he joined as a Conductor in Pallavan Transport Corporation on 30.09.1975. After amalgamation of Ambethkar Transport Corporation Limited with Pallavan Transport Corporation Limited, the then Corporation was renamed as Metropolitan Transport Corporation ( Chennai) Limited. The petitioner got his promotion as Traffic Inspector on 01.10.2009 and after completion of 38 years of service, on attaining the age of superannuation, he retired from service on 31.05.2013. The grievance expressed by the petitioner is that though he has retired as early as on 31.05.2013, the terminal benefits such as Difference in Gratuity amount, EL Surrender Salary and Leave on Private Affairs have not been settled and therefore, came forward to file this writ petition.
4. As far as the petitioner in W.P. No. 2901 of 2017 is concerned, he joined as a Junior Tradesman in Pallavan Transport Corporation on 18.06.1982. After amalgamation of Ambethkar Transport Corporation Limited with Pallavan Transport Corporation Limited, the then Corporation was renamed as Metropolitan Transport Corporation ( Chennai) Limited. The petitioner got his promotion as Junior Engineer on 01.01.1995 and got further promotion as Senior Assistant Engineer on 01.01.2006 and after completion of 33 years of service, on attaining the age of superannuation, he retired from service on 30.06.2015. The grievance expressed by the petitioner is that though he has retired as early as on 30.06.2015, the terminal benefits such as EL Surrender Salary, Pension Commutation, Leave on Private Affairs and IRT amount have not been settled and therefore, came forward to file this writ petition.
5. As far as the petitioner in W.P. No. 2902 of 2017 is concerned, he joined as a Conductor in Pallavan Transport Corporation on 09.11.1979. After amalgamation of Ambethkar Transport Corporation Limited with Pallavan Transport Corporation Limited, the then Corporation was renamed as Metropolitan Transport Corporation ( Chennai) Limited. The petitioner got his promotion as Traffic Inspector on 31.01.2014 and after completion of 36 years of service, on attaining the age of superannuation, he retired from service on 30.06.2015. The grievance expressed by the petitioner is that though he has retired as early as on 30.06.2015, the terminal benefits such as Difference in Gratuity amount, EL Surrender Salary, Settlement Arrears, Pension Commutation, Leave on Private Affairs and IRT amount have not been settled and therefore, came forward to file this writ petition.
6. As far as the petitioner in W.P. No. 2903 of 2017 is concerned, he joined as a Conductor in Pallavan Transport Corporation on 09.11.1979. After amalgamation of Ambethkar Transport Corporation Limited with Pallavan Transport Corporation Limited, the then Corporation was renamed as Metropolitan Transport Corporation ( Chennai) Limited. The petitioner got his promotion as Traffic Inspector on 31.01.2014 and after completion of 35 years of service, on attaining the age of superannuation, he retired from service on 31.05.2014. The grievance expressed by the petitioner is that though he has retired as early as on 31.05.2014, the terminal benefits such as Difference in Gratuity amount, EL Surrender Salary, Settlement Arrears, Pension Commutation, Leave on Private Affairs and IRT amount have not been settled and therefore, came forward to file this writ petition.
7. As far as the petitioner in W.P. No. 2904 of 2017 is concerned, he joined as a Conductor in Pallavan Transport Corporation on 30.11.1979. After amalgamation of Ambethkar Transport Corporation Limited with Pallavan Transport Corporation Limited, the then Corporation was renamed as Metropolitan Transport Corporation ( Chennai) Limited. The petitioner got his promotion as Traffic Inspector on 01.03.2015 and after completion of 35 years of service, on attaining the age of superannuation, he retired from service on 31.01.2016. The grievance expressed by the petitioner is that though he has retired as early as on 31.01.2016, the terminal benefits such as Difference in Gratuity amount, EL Surrender Salary, Settlement Arrears, Pension Commutation, Leave on Private Affairs, IRT amount and SSS Fund have not been settled and therefore, came forward to file this writ petition.
8. The learned counsel appearing for the petitioners would submit that the matter in issue is squarely covered by the common Judgment dated 12.06.2015 made in W.A.No.(MD)Nos.383 to 457 of 2015, [K.Rajendran and others Vs. Tamil Nadu State Transport Corporation, represented by its Managing Director, Madurai-10 and three others], wherein, the Division Bench has passed orders, ordering payment of terminal benefits, in 12 equal monthly installments, carrying interest at the rate of 6% p.a. and taking into consideration the hardship and misery being suffered by the petitioners, prays for appropriate orders.
9. This Court heard the submissions of Mr.K. Dhananjayan, learned Special Government Pleader for the 1st respondent and Mr.P.Kannankumar, learned Standing Counsel for the 2nd respondent, who would submit that in the light of the above cited Judgment, appropriate orders would be passed.
10. This Court has considered the rival submissions and also perused the materials placed before it.
11. It is relevant to extract the orders passed in W.A.No.(MD)Nos.383 to 457 of 2015:
The learned Additional Advocate General submits that he has obtained written instructions vide letter No.7945/B/2015-2 dated 11/06/2015 that the terminal benefits of the appellants would be settled through twelve equal monthly installments, 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. Utta Haryana Bujli Vitran Nigam Limited & Ors [2014 (e) scale -78] wherein it is held that in case of any delay in making the payment of the installments, 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 instalments should be paid on or before 7th of each month.
4. The Writ Appeals are disposed of accordingly. No costs. Consequently, the connected miscellaneous petitions are closed.
12. A similar issue came up for consideration in a batch of cases and one such case is W.P.No.42555 of 2016 and this Court, after hearing the submissions of the learned counsel appearing for the petitioner therein, as well as the submission of Mr.K.Venkataramani, learned Additional Advocate General, by following the above cited Judgment, disposed of the said writ petition on 19.01.2017, the operative portion of which is extracted below:-
10. In the light of the above facts and circumstances, the State Transport Undertakings/Transport Corporations shall settle all the terminal benefits due and payable to the petitioner in the light of the common judgment rendered in W.A.No.(MD)Nos.383 to 457 of 2015 and the installments to be paid from 01.04.2017. The Administrative Department shall ensure that there is no default as to the compliance of the orders passed by this Court in this regard. It is also made clear that neither the Transport Corporation nor the Administrative Department shall drive the retired employees to approach this Court for similar relief and in the light of the fact that the above orders equally binds them shall make every endeavour to pass similar orders at least on the date of retirement of the employees. It is further made clear that the non compliance of the order passed by this Court may visit the concerned respondents with grave consequences by way of contempt proceedings.
13. In the light of the above facts and circumstances and also in the light of the earlier orders passed by this Court, the terminal benefits due and payable to the respective petitioners shall be paid by respondents in 12 equal monthly instalments with interest at 6% p.a. and the 1st instalment shall commence from May, 2017 and to be continuously paid until settling the entire arrears. The respondents shall also pay pension periodically to the respective petitioners without any default. It is made clear 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 petitioners for non-compliance of undertaking given to this Court.
14. The writ petitions are disposed of accordingly. No costs.
07.02.2017 nv To
1. The Principal Secretary to Government, Transport Department, Fort St. George, Chennai 600 009.
2. The Managing Director, Metropolitan Transport Corporation (Chennai ) Limited, Pallavan Salai, Chennai 600 002.
3. The Administrator, Tamil Nadu State Transport Corporation, Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai 600 002.
M. SATHYANARAYANAN,J.
nv W.P. Nos. 2900 to 2904 of 2017 07.02.2017 http://www.judis.nic.in