A retired driver petitioned for settlement of terminal benefits including pension and gratuity allegedly withheld by Transport Corporations. The High Court directed settlement in 12 monthly installments with interest.
Respondents directed to settle all retirement benefits in 12 equal monthly installments with 6% interest, escalable to 18% for delay.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :08.05.2017
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.1703 of 2017
V.Ramaswamy
.. Petitioner
vs
Prayer: Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to settle the petitioner's retirement benefits including gratuity, pension arrears, computation, leave surrender. Dearness allowance, deposits for engineering medical & polytechnic colleges, arrears of State Transport Retired Employee Benefit Scheme (STREBS) of Rs.1000/- for the months from April to November, 2016, ERBS Pension (Earned Leave and Medical Leave) and all other attendant retirement benefits etc., with interest at the rate of not less than 12% per annum payable from the date of retirement i.e., 28.02.2015 to till the payment to be made to the petitioner within the time stipulated by this Hon'ble Court.
For Petitioner : Ms.K.Karthikeyayeni
For Respondents : Mr.K.Venkataramani,
Additional Advocate General
assisted by Mr.P.Paramasivadoss
O R D E R
The writ petitioner was employed as a Driver in the Tamil Nadu State Transport Corporation and he voluntarily retired from service with effect from 28.02.2015. The writ petitioner was allowed to retire from service and till today, the terminal benefits including DCRG, pension computation, leave encashment, dearness allowance, etc have not been paid. The writ petitioner was making representations and approaching the respondents for settlement of his terminal benefits, but they are delaying the matter without any reason.
"4. Since the issue is squarely covered by the various orders passed by this Court, in the light of the Hon'ble Division Bench judgment in W.A.(MD) Nos.383 to 457 of 2015 dated 12.06.2015 (K.Rajendran and others v. The Tamil Nadu State Transport Corporation (Madurai) Limited represented by its Managing Director, Madurai and others), this writ
petition is disposed of with a direction to the respondent to settle the entire terminal benefits due and payable to the petitioner through twelve equal monthly installments carrying interest of 6% p.a. The installments should commence from March, 2016 and each of the installments should be paid on or before 7th of each month. In case of any delay in 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 petitioner for such non-payment of the installments. No costs.
srn/asi
To
Tamil Nadu State Transport Corporation, Employees Post Retirement Welfare Fund, Thiruvalluvar House, Pallavan Salai, Chennai – 600 002.
+1cc to M/s.Karthiyayeni,Advocate sr.36988
W.P.No.1703 of 2017
rsk(co) ss(12/5/2017)
2 issues framed by the court
Whether the respondents are directed to settle the petitioner's retirement benefits including gratuity, pension arrears, and leave surrender?
Whether delay in settling terminal benefits deprives retired employees of a decent life under Article 21?
Colour shows how this judgement treated each authority
W.P.No.4649 of 2016, dated 08.02.2016Relied on¶19
K.Rajendran and others v. The Tamil Nadu State Transport Corporation (Madurai) LimitedReferred¶21
W.A.(MD) Nos.383 to 457 of 2015 dated 12.06.2015 (K.Rajendran and others v. The Tamil Nadu State Transport Corporation (Madurai) Limited)
1 provisions across 1 enactments
V.Ramaswamy
The Managing Director, Metropolitan Transport Corporation (Chennai) Ltd.
The Administrator, Tamil Nadu State Transport Corporation, Employees Post Retirement Welfare Fund
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
S.M.Subramaniam
Parties & counsel
