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M.V.Nagasubramanian vs The Principal Secretary To ...

Madras High Court|19 January, 2017

JUDGMENT / ORDER

I am to invite your kind attention to the reference cited and to state that in W.A.No.383 to 457/2015 appeal filed by management to settle the terminal benefits order dated 12.06.2015, the Hon'ble High Court of Madras & Madurai bench passed directions to state Transport undertaking to pay 12 equal monthly installments with the interest @ 6% p.a. As per Hon'ble High Court directions, the State Transport Undertakings have paid so far the retirement benefit dues to the employees for those who have filed writ petitions (Details are given below) STU Terminal Benefit due for Retired employees as on date 15/12/2016 Other than Commutation (PF, Gratuity, Leave Salary & etc.,) Commutation alone Total (6+7+9) Total No. of employees WP filed employees WP not filed employees Amount Settled so far in WP filed employees Balance Amount to be settled so far for WP filed employees Amount to be settled for WP not filed employees No. of persons Amount to be settled 1 2 3 4 5 6 7 8 9 10 MTC 2364 48 2316 0.27 1.69 32.55 1597 18.92 53.16 SETC 5789 598 5191 23.34 4.08 80.35 1005 12.60 97.03 VPM 3390 707 2683 21.08 63.49 124.14 2102 31.38 219.01 SLM 2584 832 1752 12.70 64.90 180.98 1340 17.63 263.51 CBE 4869 793 4076 15.71 46.62 285.92 1419 14.05 346.59 KUM 3140 1827 1313 61.63 63.02 84.18 1990 31.88 179.08 MDU 2888 1816 1072 39.47 83.40 103.06 1327 20.75 207.21 TNV 5253 393 4860 3.97 39.44 164.81 679 7.27 211.52 Total 27913 6966 20947 178.17 366.63 1055.99 11467 154.48 1577.11 It is also informed that the State Transport Undertakings are not able to run the buses due to facing heavy financial crisis in day to day operations in diesel price hike cost escalation of materials, wage settlement of employees in revision of pay etc. However, the State Transport Undertakings are settling the terminal benefits in 12 equal installments with 6% interest for those who have obtained Court directions. It is also informed that the State Transport Undertakings will settle terminal benefits to some extent on seniority basis for those who have not approached the Court based on financial position of State Transport Undertakings. In spite of the number of retired employees who are approaching the Court increase day by day and State Transport undertakings will not be in a position to settle terminal benefits as State Transport Undertakings faces heavy financial crisis. However State Transport Undertakings will take steps to settle retirement benefits as and when financial position improves.
Statement showing subsidies given to the State Transport Undertakings by the Government and amount diverted for pension.
Sl.No G.O. In which amount sanctioned Total amount sanctioned Amount diverted to the pension Trust for Pension 1 G.O.(Ms) NO.46 and 47, Transport (T1) Department, dated 26.04.2016. 86.54 71.15 2 G.O.(Ms) NO.51 and 52, Transport (T1) Department, dated 10.05.2016. 93.7 76.25 3 G.O.(Ms)No.63 and 64, Transport (T1) Department, dated 23.06.2016. 111.01 80.37 4 G.O.(Ms)No.72 and 73 Transport (T1) Department, dated 25.07.2016. 133.25 82.10 5 G.O.(Ms)No.74 and 75, Transport (T1) Department, dated 23.08.2016. 134.37 86.25 Statement showing the details of amount sanctioned in HSD and Student Concession Subsidy 2016-17 Amount provided in RBE Student Concession Subsidy : Rs.505.3516 crore HSD : Rs.200 crore Sl.No.
G.O.Nos. and date Amount (Rs. In crore) HSD SCS HSD SCS 1 G.O.(4D) No.2, Transport (T1) Department, dated 04.03.2016. (Engineering Councelling) 1.3516 2 G.O.(Ms)No.46, Transport (T1) Department, dated 26.04.2016 G.O.(Ms)No.47, Transport (T1) Department, dated 26.04.2016 14.54 72.0000 3 G.O.(Ms)No.50, Transport (T1) Department, dated 10.05.2016 G.O.(Ms)No.51, Transport (T1) Department, dated 10.05.2016 21.74 72.0000 4 G.O.(Ms)No.58, Transport (T1) Department, dated 26.05.2016. (ITI arrear from 2012-2015) 18.4474 5 G.O.(Ms)No.63, Transport (T1) Department, dated 23.06.2016. G.O.(Ms)No.64, Transport (T1) Department, dated 23.06.2016. 39.01 72.0000 6 G.O.(Ms)No.72, Transport (T1) Department, dated 20.07.2016. G.O.(Ms)No.73, Transport (T1) Department, dated 25.07.2016. 58.25 75.0000 7 G.O.(Ms)No.74, Transport (T1) Department, dated 23.08.2016. G.O.(Ms)No.75, Transport (T1) Department, dated 23.08.2016. 59.37 75.0000 8 G.O.(Ms)No.76, Transport (T1) Department, dated 26.08.2016. (Wage settlement arrear) 61.9100 9 G.O.(Ms)No.91, Transport (T1) Department, dated 14.10.2016. G.O.(Ms)No.92, Transport (T1) Department, dated 14.10.2016. 7.09 57.6426 10 G.O.(Ms)No.97, Transport (T1) Department, dated 17.11.2016.
81.86 (ASL) 11 G.O.(Ms)No.104, Transport (T1) Department, dated 01.12.2016 56.09 (ASL) 12 G.O.(Ms)No.106, Transport (T1) Department, dated 30.12.2016 62.06 (ASL)
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 petitioners/legal representatives of the deceased employees 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.
11. The writ petitions are disposed of accordingly. No costs.
1.The Principal Secretary to Government Transport Department Fort St. George Chennai - 600 009.
2.The Managing Director Metropolitan Transport Corporation (Chennai) Ltd., Pallavan Salai Chennai - 600 002.
3.The Administrator Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme Thiruvalluvar House, Pallavan Salai Chennai - 600 002.
M.SATHYANARAYANAN.J., vsm W.P.Nos.43863 to 43867 of 2016 19.01.2017 http://www.judis.nic.in
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Title

M.V.Nagasubramanian vs The Principal Secretary To ...

Court

Madras High Court

JudgmentDate
19 January, 2017