Madras High CourtWP(MD)/21572/2018disposed of

S.Balasubramanian,S/O.Subbaian v. The State Of Tamil Nadu

2018-10-22Honourable Mr Justice S. Vaidyanathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.10.2018 CORAM :

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P(MD)No.21572 of 2018 S.Balasubramanian, Son of Subbian, Special Grade Conductor(Retired), Staff No.89CR2037, Tamil Nadu State Transport Corporations(Kumbakonam) Limited, Trichy Region, Residing at 4/30A,Santhanapatti, Manaparai Post, Mussoori Taluk, Trichy District - 621 006.

... Petitioner vs.

1.The State of Tamil Nadu, represented by its Additional Chief Secretary to Government and Chairman of State Transport Undertakings, Transport Department, Fort St.George, Chennai - 600 002.

2.The Managing Director, The Tamil Nadu State Transport Corporation(Kumbakonam)Limited, Kumbakonam.

3.The General Manager, The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Trichy Region, Trichy.

4.The Administrator, Tamil Nadu Transport Corporation Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 2.

... Respondents PRAYER :Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing

the respondents to compute and pay the Petitioner's entire eligible terminal benefits payable to him including Provident Fund, Gratuity, Medical Leave Salary, Refund of Engineering, Medical, Polytechnic Colleges and Institute of Road Transport Contribution Amount, Commuted Value of Pension and Terminal Leave salary by strictly adhering to the pay revision given under the settlement entered on 4.1.2018 under Section 12(3) of the Industrial Disputes Act together with interest at the rate of 18%per annum from the date of his retirement to till the date of payment within the time fixed by this Court.

For Petitioner : Mr.A.Rahul For Respondent-1 : Mr.R.Sethuraman Special Government Pleader For Respondents : Mr.D.Sivaraman 2 to 4

ORDER

The petitioner was employed as Special Grade Conductor in the respondents Corporation and he retired from service on 30.06.2018 on attaining the age of superannuation.

2.He has filed this writ petition seeking for a direction to the respondents to pay the retirement benefits. 3.The First Bench of this Court in similar matter has passed an order dated 12.06.2015 in W.A.(MD) Nos.383 to 457 of 2015, issuing direction to the transport Corporations to settle the terminal benefits of its employees in equal monthly instalments and to pay 6% interest on the terminal benefits payable to the workman. The Bench has also held that workman is entitled to 18% interest for the defaulted period of instalment.

4.In these circumstances, this writ petition is disposed of with the following directions:- i)A direction is issued to the transport corporation to settle the terminal benefits of the petitioner that are yet to be settled, in twelve equal monthly instalments;

ii)The first installment shall commence by making payment on or before the 10th December 2018 and the amount in each of the remaining instalments shall be paid on or before 10th of every succeeding month;

iii) The said terminal amount shall carry interest @ 6% per annum, as per the Division Bench judgment referred to above. In case of delay in making instalments, the interest payable could be 18% for the delayed period;

iv)The aforesaid direction to settle the terminal benefits would not preclude the workman to question the computation of any of the terminal benefits, if the same is paid lesser than the amount to

which, he is entitled to receive. Likewise, if the petitioner has any grievance that he is entitled to interest for the amount already settled, he can agitate the same as per law, if he is entitled. No costs.

Sd/- Assistant Registrar(C.O) /True Copy/ Sub Assistant Registrar(CS-II) vsn To 1.The Additional Chief Secretary to Government and Chairman of State Transport Undertakings, Government of Tamil Nadu, Transport Department, Fort St.George, Chennai - 600 002.

2.The Managing Director, The Tamil Nadu State Transport Corporation(Kumbakonam)Limited, Kumbakonam.

3.The General Manager, The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Trichy Region, Trichy.

4.The Administrator, Tamil Nadu Transport Corporation Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 2.

+1cc to Spl.Govt.Pleader, SR No.91152 +1cc to Mr.A.Rahul, Advocate in SR No.91641 +1cc to Mr.D.Sivaraman, Advocate in SR No.90996 W.P(MD)No.21572 of 2018 NM/RP/SAR II/19.11.18/3P/8C.