Madras High Court
P.Ramanathan vs The Managing Director on 11 November, 2021
W.P(MD)No.20263 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 11.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P(MD)No.20263 of 2021
P.Ramanathan ... Petitioner
versus
1. The Managing Director,
Tamilnadu State Transport Corporation
(Kumbakonam) Ltd.,
27, New Railway Station Road,
Kumbakonam – 612 001.
2. The Financial Advisor,
Tamilnadu State Transport Corporation
(Kumbakonam) Ltd.,
27, New Railway Station Road,
Kumbakonam – 612 001.
3. The Administrator,
TNSTC Employees Pension Trust,
SETC (TN) Ltd., No.2, Pallavan Salai,
Chennai – 600 002. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India,
seeking for the issuance of Writ of Mandamus, to direct the respondents to
settle the petitioner's ERPS (Employees Retirement Pension Scheme)
amount for the period from 01.09.1992 to till the date on 31.05.2016 and
1/8
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W.P(MD)No.20263 of 2021
surrender leave salary for 167 days in respect of the years 2010-2011 to
2015-2016 together with interest at the rate of 6% per annum payable as per
court direction, in one instalment to the petitioner according to the last
drawn salary in the month of May 2016 to the petitioner as per the
representation dated 07.10.2021 within a stipulated time.
For Petitioner : Mr.K.Gokul
For Respondents : Mr.D.Sivaraman
ORDER
By consent of both parties, this writ petition is taken up for final
disposal at the stage of admission itself.
2. Since the petitioner, who is the retired employee of the Transport
Corporation, claims to have not been paid with the surrender leave salary
for 167 days in respect of the years 2010-2011 to 2015-2016 and the
retirement benefits ie., Employees Retirement Pension Scheme amount with
interest, the present writ petition has been filed seeking for direction in that
regard.
3. The petitioner would submit that he has already made a
representation dated 07.10.2021 in this regard, which is said to be pending.
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W.P(MD)No.20263 of 2021
If the said representation is directed to be disposed of within stipulated time,
the ends of justice could be secured.
4. Whenever a representation is made to a statutory authority to
redress the claim of the employee, there is a duty cast upon the authorities to
consider the same on its own merits and pass appropriate orders in one way
or other, instead of keeping the same pending indefinitely. Such an inaction
would amount to dereliction of duties and thereby this Court would be
justified in invoking its extraordinary powers under Article 226 of
Constitution of India and thereby direct such authority to consider the
representation within the stipulated time.
5. An identical issue with regard to the surrender leave salary came
up for consideration before the Division Bench of this Court in W.A(MD)
No.210 of 2019 and the Hon'ble Division Bench by judgment dated
04.09.2019 had upheld the view of the learned Single Judge against which
the writ appeal came to be filed and also rejected the Corporation plea that
the employee had not claimed the encashment of the surrender leave within
the stipulated time. The relevant portion of the said order reads as follows:-
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W.P(MD)No.20263 of 2021
“2. This appeal is filed by the Tamil Nadu State
Transport Corporation, Kumbakonam Division. The
respondent filed W.P(MD).No.2449 of 2018 praying for a
Writ of Certiorarified Mandamus to quash the order dated
21.12.2017 and direct the appellants to settle the petitioner's
surrender leave salary. The appellant Corporation resisted the
claim by contending that even though as per the settlement
entered into under Section 12(3) of the Industrial Dispute
Act, the employee is entitled for surrendering and encashing
15 days in one year or 30 days in two years, the same has not
been done by the writ petitioner during his service during
2011-2014 and after superannuation only in the year 2016,
he has made a claim of surrender of earn leave, based on the
circular issued by the appellant Corporation, dated
09.01.2017. Further, it is submitted that the circular is not
meant for enabling the retired employees to renew their
claim of surrendering their earned leave of 15 days in a year
during the service i.e., between 2011-2014 and it is
applicable only for existing employees. Therefore, it is
submitted that the respondent/writ petitioner cannot lay his
claim based upon the circular, dated 09.01.2017.
3.The learned counsel appearing for the
respondent/writ petitioner submitted that though the
petitioner superannuated on 31.05.2016, from the year 2011
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W.P(MD)No.20263 of 2021
onwards, the said practice of surrendering 15 days or 50% of
the earn leave per year was done away by the appellants
Corporation on account of financial crises. Further, the
action based on the settlement entered into under Section
12(3) of the Act was not available to the respondent/writ
petitioner, because the appellants Transport Corporation is
citing financial crisis. The learned Single Judge took into
consideration the facts placed before him and also noted the
circular dated 09.01.2017 and taking note of the fact that
there is record to show that the appellants transport
corporation pleaded financial crises for non-settling the
surrender leave salary, allowed the writ petition.
4.While doing so, the Writ Court referred to an earlier
order in the case of A.Sundararajan Vs., Tamil Nadu State of
Transport Corporation (Kumbakonam Limited)
[W.P(MD).No.24245 of 2016 etc batch], wherein similar
relief sought for has been granted and the writ petitions were
allowed and the appellants Transport Corporation was
directed to implement the same. Thus in our considered
view, the learned Single Judge has rightly gone into the
factual position and took note of stand of the appellants
corporation as to why earlier they did not permit surrender
and allowed the writ petition. Therefore, we find that the
appellants have not made out any ground to interfere with the
order passed by the learned Single Judge.”
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W.P(MD)No.20263 of 2021
6. In the light of the above, this Court is of the view that the petitioner
would be entitled to claim salary for the surrender leave.
7. For all the forgoing reasons, although the petitioner has made a
representation dated 07.10.2021, the petitioner is directed to make a fresh
representation, enclosing a copy of this order, seeking for settlement of his
surrender leave salary and on receipt of the such representation, the
respondents herein shall consider the same and disburse the eligible leave
salary through four equal monthly installments in the light of the aforesaid
Division Bench Judgment. The respondents shall ensure that the first
installment is disbursed at least within a period of four weeks from the date
of receipt of fresh representation along with a copy of this order.
8. So far as non payment of ERPS (Employees Retirement Pension
Scheme) amount is concerned, the petitioner is directed to submit a separate
representation to the respondents along with a copy of this order and the
same shall be considered by the respondents within a period of four weeks
from the date of receipt of such representation. It is needless to say that the
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W.P(MD)No.20263 of 2021
petitioner is entitled to get interest for the belated payment of terminal and
pensionary benefits.
9. With the above directions, this Writ Petition stands disposed of.
No costs
11.11.2021
Index : Yes / No.
Internet: Yes / No.
ogy
Note: In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order
may be utilized for official purposes, but, ensuring
that the copy of the order that is presented is the
correct copy, shall be the responsibility of the
advocate/litigant concerned.
To
1. The Managing Director,
Tamilnadu State Transport Corporation
(Kumbakonam) Ltd.,
27, New Railway Station Road,
Kumbakonam – 612 001.
2. The Financial Advisor,
Tamilnadu State Transport Corporation
(Kumbakonam) Ltd.,
27, New Railway Station Road,
Kumbakonam – 612 001.
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W.P(MD)No.20263 of 2021
B.PUGALENDHI, J.
ogy
3. The Administrator,
TNSTC Employees Pension Trust,
SETC (TN) Ltd., No.2, Pallavan Salai,
Chennai – 600 002.
W.P(MD)No.20263 of 2021
11.11.2021
https://www.mhc.tn.gov.in/judis
