Madras High Court
K.Samudram vs State Express Transport ... on 5 January, 2021
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 05.01.2021
CORAM :
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
W.P.No.18383 of 2020
K.Samudram ... Petitioner
Vs
1.State Express Transport Corporation
Rep. by its Managing Director,
2, Pallavan Salai,
Chennai 600 002.
2.The General Manager,
State Express Transport Corporation,
2, Pallavan Salai,
Chennai-2.
3.Tamil Nadu State Transport Corporation
Employees Pension Trust,
Rep. by its Administrator,
Thiruvalluvar Illam,
Pallavan Salai, Chennai-2. ... Respondents
Prayer : Writ petition is filed under Article 226 of the Constitution of India
for issuance of Writ of Mandamus, directing the respondents to pay the
petitioner a sum of Rs.10,02,852/- towards PF; to pay him a sum of
Rs.9,88,537/- towards Gratuity amount for his 30 years of service; and a
sum of Rs.2,50,179.66/- towards the earned leave salary for 118 days, the
amounts payable to him under the Family Benefit Fund Scheme and Social
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2
Security Scheme, IRT Contributions, Commuted Value of pension,
difference in dearness allowance for monthly pension, together with interest
at the rate of 12% per annum, within a specified time as may be fixed by
this Court.
For Petitioner : Mr.V.Ajoy Khose
For Respondents : Mr.K.Kathiresan
Standing counsel
ORDER
The prayer sought for in this writ petition is to direct the respondents
to pay the Gratuity amount due, PF and earned leave salary of the petitioner.
2. The case of the petitioner is that the interim order dated 14.12.2020
has been complied with. However, except the gratuity amount, other
benefits have not been paid. It is submitted by the petitioner that the
Government has issued G.O.(Ms) No.148 dated 21.12.2020, sanctioning
Rs.983 Crores for disbursement of the amount payable to the employees
ceased from service and the entire benefits may be ordered to be paid in one
installment.
3. Per contra, the respondents contended that it is true that the
Government has sanctioned money payable to the retired employees and
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that the Gratuity amount has already been paid. It is further contended that
due to Covid-19 Pandemic, the other benefits have not been paid, as the
employees, who are in service at present, have got to be paid and therefore,
a request was made that the respondents may be given time to pay the
amount in 12 installments. The respondents also relied upon a judgment of
this Court dated 12.06.2016 in support of their claim.
4. Heard the learned counsel on either side and perused the material
documents available on record.
5. It is not in dispute that the petitioner is entitled to the amount
prayed for in this writ petition and it is admitted that the gratuity amount has
already been paid. The decision of the Division Bench dated 12.06.2016 and
03.08.2020 is not applicable to the present case for payment of amount in
installments, as the petitioner, who has retired from service, seeks benefits
to eke out his livelihood.
6. Considering the submissions made on either side and taking into
account the unforgettable impact of Corona, this Court directs the
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respondents to pay the entire amount due to the employee/petitioner less the
amount already paid, in 10 installments commencing from 01.03.2021 with
interest at 6% per annum, including the amounts which were already paid
belatedly.
7. With the above observation and direction, this Writ Petition is
disposed of. No costs.
05.01.2021
vum
Index: Yes/No
Speaking order / Non speaking order
Note: Issue order copy on 25.02.2021
To:
1 The Managing Director,
The State Express Transport Corporation,
2, Pallavan Salai,
Chennai 600 002.
2.The General Manager,
State Express Transport Corporation,
2, Pallavan Salai,
Chennai-2.
3.Tamil Nadu State Transport Corporation
Employees Pension Trust,
rep. by its Administrator,
Thiruvalluvar Illam,
Pallavan Salai, Chennai-2.
https://www.mhc.tn.gov.in/judis/
S.VAIDYANATHAN,J
vum
W.P.No.18383 of 2020
05.01.2021
(3/6)
https://www.mhc.tn.gov.in/judis/
