Madras High Court
V.Selvaraj vs The Principal Secretary To Government on 1 December, 2023
Author: V.Bhavani Subbaroyan
Bench: V. Bhavani Subbaroyan
WP.No.33153 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.12.2023
CORAM
THE HONOURABLE MRS.JUSTICE V. BHAVANI SUBBAROYAN
WP.No.33153 of 2017
V.Selvaraj, Staff No.C09952 ... Petitioner
Vs.
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,
Tamilnadu State Transport Corporation,
Pension Fund Trust, Thiruvalluvar House,
Pallavan Salai, Chennai-600 002. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus, directing the 2nd and 3rd
respondents to disburse the retirement benefits viz., Earned Leave Surrender
Salary Arrears Amount of Rs.45,000/-, Pension Commutation Arrears
Amount of Rs.50,000/- Difference in Gratuity amount of Rs.1,23,000/- and
Settlement Arrears Amount of Rs.1,52,000/- and Pension Arrears of
Rs.53,900/- the total comes to Rs.4,23,900/- (Rupees Four Lakhs Twenty
1/10
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WP.No.33153 of 2017
Three Thousand and Nine Hundred only) with 18% interest on delayed
payment to the petitioner the Checking Inspector who has retired from
service on 30.06.2012.
For Petitioner : Mr.D.Veerasekaran
For Respondents : Mr.T.M.Rajangam,
Government Advocate for R1
: Mr.C.Gautamaraj
Standing Counsel for R2
: Mr.C.S.K.Sathish for R3
ORDER
This petition has been filed by the petitioner seeking direction to the
the second and third respondents to disburse the retirement benefits viz.,
Earned Leave Surrender Salary Arrears Amount of Rs.45,000/-, Pension
Commutation Arrears Amount of Rs.50,000/-, Difference in Gratuity
amount of Rs.1,23,000/- and Settlement Arrears Amount of Rs.1,52,000/-
and Pension Arrears of Rs.53,900/- totalling Rs.4,23,900/- (Rupees Four
Lakhs Twenty Three Thousand and Nine Hundred only) with 18% interest
on delayed payment to the petitioner the Checking Inspector who has retired
from service on 30.06.2012.
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2. The case of the petitioner is that he served as Checking Inspector
in Metropolitan Transport Corporation (Chennai) Limited and after
completion of 34 years of service, he retired from service on attaining the
age of superannuation on 30.06.2012.
3. It is also the case of the petitioner that Tamil Nadu Government
Transport Department issued G.O.(Ms).No.61 dated 30.04.2015 for
rectification of pay anomaly of Checking Inspectors and fixation of pay to
Driving Instructors of State Transport undertakings, directing the Managing
Directors of all transport undertakings to revise the scale of pay of Checking
Inspectors and Driving Instructors with effect from 01.09.2010. Since the
revision of fixation of pay of Checking Inspector is with effect from
01.09.2010, the petitioner is entitled to revision of his basic pay with grade
pay of Rs.4,300/- and the second and third respondents have to settle his
arrears in leave Surrender Salary, Gratuity, Pension Commutation and
Pension arrears by revising his basic pay with grade pay of Rs.4300/- with
effect from 01.09.2010.
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4. The learned counsel for the petitioner stated that till today, the
terminal benefits are not disbursed to the writ petitioner without any valid
reasons and that the writ petitioner was allowed to retire from service.
Therefore, the petitioner has filed the present writ petition seeking a
direction to the respondents to pay his terminal benefit amount with interest
at 18% on delayed payment.
5. The learned counsel for the petitioner submitted that the second
and third respondents paid the amount on various occasions, but the
remaining interest amounts are not settled to the petitioner as per the
common judgment passed by the Madurai Bench of this Court in
W.A.(MD) No.383 to 457 of 2015 (K.Rajendran and Others Vs. Tamil Nadu
State Transport Corporation, Madurai Ltd. Rep by its Managing Director,
Madurai and others) dated 12.06.2015. The relevant portion of the said
Judgment is extracted here under :
“ The learned Additional Advocate General Submits
that he has obtained written instructions vide letter
No.7945/B/2015-2 dated 11.05.2015 that the terminal benefits
of the appellants would be settled through 12 equal monthly
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installments, carrying interest of 6% p.a. The said settlement is
thus taken on record and the respondent will be bound by the
same. We have to keep in mind the judicial pronouncement of
the Hon'ble Supreme Court in D.D.Tewari (D) THR.Lrs and
Others Vs. Uttar Haryana Billivitran Nigam Ltd., and others
(2014 (9) 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% pa 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. “ The
installments to be paid from July 2015 and each installment
should be paid on or before 7th of each month. The writ appeals
are disposed of accordingly. No costs. Consequently, the
connected miscellaneous petitions are closed”
Following the said Division Bench Judgment, number of cases are filed by
the retired employees of the Transport Corporation before this Court and the
same were allowed.
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6. The calculation of remaining retirement benefits payable by the
respondent Nos.2 and 3 is given below:
Terminal Amount Paid Arrears of Arrears of 6%
Benefits as 6% Interest Interest not
Paid Paid
EL Surrender Rs. 45,000/- Nil Rs. 31,050/-
Salary
Arrears
Settlement Rs.1,52,000/- Nil Rs.1,04,880/-
Arrears
Pension Rs. 35,716/- Rs.16,688/- Nil
Commutation
Arrears
Difference Rs.1,23,000/- Nil Rs. 84,870/-
Gratuity
Pension Rs.1,21,718/- Nil Nil
Arrears
Total Rs.2,20,800/-
The learned counsel for the petitioner requested that this Court may accept
the calculation sheet and direct the respondents to settle the remaining
amount.
7. The third respondent has filed a detailed counter, wherein it is
stated that after filing of this writ petition, the third respondent, in
accordance with G.O.(Ms)No.61 dated 30.04.2015 has revised the monthly
pension of the petitioner and also settled the difference amounts to his bank
account through ECS as follows:
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S.No. Amount Details Paid Date
1 Rs.2,42,290.00 Commutation 23.10.2013
2 Rs. 35,761.00 G.O.61 Commutation 27.02.2018
Difference Amount
3 Rs.1,21,718.00 G.O.61 Pension 27.02.2018
Arrears Amount
4 Rs. 16,688.00 Commutation 6% 16.08.2018
Interest
8. It is further stated that in view of the above payment made by the
third respondent to the petitioner, the relief claimed in the writ petition as
against third respondent has been complied with. Hence, he prayed for
dismissal.
9. Heard both sides and perused the materials available on record
including Gratuity Payment Intimation and Gratuity Gradepay Difference
Intimation issued by Metropolitan Transport Corporation Employees
Gratuity Fund dated 09.11.2023.
10. A perusal of Gratuity Payment Intimation and Gratuity Gradepay
Difference Intimation reveals that in respect of the gratuity amount, total
amount paid to him was through cheque dated 30.06.2012. The last pay
drawn by the petitioner was (Basic + G.P.+ D.A) Rs.12,270+2200+9405.50.
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Accordingly, gratuity payable was Rs.4,82,101/-, the same was paid to him
on 30.06.2012 itself. Regarding the amount paid as gratuity , Grade Pay
difference of Rs.86,125/- was paid on 12.11.2018 and also Rs.1,20,755/-
was paid through E.C.S on 30.12.2013. Further, the petitioner cannot come
to this Court without any details regarding his salary and other particulars.
This Court cannot pass orders on his claim as already these amounts are
paid and the petitioner has agreed to approach the concerned authorities by
way of sending representation to the authorities. On such representation
being filed, the concerned authorities are directed to consider the
representation of the petitioner in the manner known to law.
11. With the above directions, this writ petition is disposed of. No
Costs.
Vv 01.12.2023
https://www.mhc.tn.gov.in/judis
To
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,
Tamilnadu State Transport Corporation,
Pension Fund Trust, Thiruvalluvar House,
Pallavan Salai, Chennai-600 002.
https://www.mhc.tn.gov.in/judis
V.BHAVANI SUBBAROYAN., J.
Vv
01.12.2023
https://www.mhc.tn.gov.in/judis
