Madras High Court
The Tamil Nadu State Transport ... vs P.Balasubramanian on 19 September, 2024
Author: C.V.Karthikeyan
Bench: C.V.Karthikeyan, J.Sathya Narayana Prasad
W.A(MD) No.1008 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
and
THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD
W.A(MD) No.1008 of 2018
and CMP(MD) No.7079 of 2018
1. The Tamil Nadu State Transport Corporation Limited.,
Rep. By its Managing Director,
Bye Pass Road, Madurai.
2. The Financial Advisor and Chief Accounts Officer,
TNSTC Madurai Ltd.,
Madurai – 625 010.
... Appellants/2nd & 3rd Respondents
Vs
1. P.Balasubramanian
... 1st Respondent/Petitioner
2. The Principal Secretary Cum Chairman of
State Transport Undertaking Transport Department,
Fort St.George, Chennai.
... 2nd Respondent/1st Respondent
PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent to set aside
the order in W.P(MD) No.10813 of 2016, dated 22.06.2016 on the file of this
Court.
1/7
https://www.mhc.tn.gov.in/judis
W.A(MD) No.1008 of 2018
For Appellant : Mr. S.Muthuraj
for Mr.A.Jeyaram
For Respondents : Mr.K.Viralinathan (R1)
Mr.N.Ramesh Arumugam (R2)
Government Advocate
JUDGMENT
This Writ Appeal has been filed by the respondent in W.P(MD) No.
10813 of 2016, questioning the common order passed by the learned Single Judge,
dated. 22.06.2016.
2.The writ petitioner in W.P(MD) No.10813 of 2016 has filed the writ
petition in the nature of mandamus seeking a direction against the
appellants/respondents to settle the retirement benefits including gratuity, un-
availed leave salary and payment for leave on private affairs and all other
attendant benefits along with interest within a stipulated period.
3.The learned Single Judge by a common order, dated 22.06.2016,
had taken up not only that particular writ petition, but several other writ petitions,
and following a Judgment of a Division Bench of this Court had directed as
follows:
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“5. Following the judgment of the Hon'ble Division
Bench of this Court referred to above, the respondents are
directed to pay the amount due to the petitioners in 12 equal
monthly installments commencing from 10th July, 2016.
Further, if there are settlements or awards, the Corporation is
obliged to take the same into account while arriving at the
figure. It is needless to mention that the entire arrears shall
carry interest at the rate of 6% per annum. In case of delay in
making installments, the interest payable would be 18% for the
delayed period.
6. The aforesaid direction to settle the terminal
benefits would not preclude the workmen to question the
computation of any of the terminal benefits, if the same is paid
lesser than the amount to which, they are entitled to receive.
Likewise, if the petitioners have any grievance that they are
entitled to interest for the amount already settled, they can
agitate the same as per law, if they are entitled to.
7. At this juncture, the learned Standing Counsel for
the respondents/Transport Corporation says that against
certain employees, there are recoveries pending. So, the above
payment may be made subject to recoveries, if any from the
employees. The petitioners are also agreeable for the same.”
4.Questioning the aforementioned directions by this Court, the present
writ appeal had been filed.
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5.During the course of arguments, it had become evident that the only
issue is about non-payment of retirement benefits and withholding of retirement
benefits for specific reasons for dues payable to the writ petitioner.
6.We therefore, directed both the appellants and the first respondent to
file memos stating details about the amount payable and the amount received by
either parties.
7.The learned counsel for the appellants had filed a memo, in which,
the amount which had been paid has been listed out and it was finally stated that
towards service surrender leave salary a sum of Rs.54,427/- had been transferred
to the account of the first respondent through ECS on 12.09.2024, just about a
week back.
8.On the side of the first respondent, a memo had been filed, wherein,
it had been stated that gratuity and leave salary for 240 days had been settled, but
the salary on private affairs as well as the eligible leave salary for the years from
2009-2013 @ 15 days for the respective years had not been paid.
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9.It is the specific stand of the appellants that the first respondent was
not eligible for unearned leave on private affairs. However, the first respondent
has stated that he is eligible to get 60 days of unearned leave salary to the tune of
Rs.1,21,016/-.
10.The matter had been pending before the Court right from the year
2018 onwards. When the first respondent had initially filed the writ petition, it was
for a mandamus seeking a direction for the payment of the retirement benefits.
Pending the writ appeal, substantial amounts has been paid to the first respondent.
As a matter of fact, even on 12.09.2024, just about a week back, the appellants
have paid the service surrender leave salary of Rs.54,427/- to the account of the
first respondent through ECS.
11.In view of that fact, we would give a quietus to the entire issue and
dispose of the writ appeal owing to the narrow confinement of the issues in the
writ appeal. If at all, the first respondent still has any grievance, he could always
give a separate representation giving specific heads of the retirement benefits,
which he is eligible and which have not been paid. This Writ Appeal is
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accordingly disposed. No costs. Consequently, connected miscellaneous petition
is closed.
[C.V.K,J] [J.S.N.P,J]
19.09.2024
NCC : Yes/No
Index : Yes/No
PNM
To
The Principal Secretary Cum Chairman of
State Transport Undertaking Transport Department,
Fort St.George, Chennai.
https://www.mhc.tn.gov.in/judis
C.V.KARTHIKEYAN,J.
and
J.SATHYA NARAYANA PRASAD, J.
PNM
JUDGMENT IN
19.09.2024
https://www.mhc.tn.gov.in/judis
