T.Kandeepan, S/O.Thangappan v. The General Manager,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.06.2017
CORAM
THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).No.10177 of 2017 T.Kandeepan .. Petitioner Vs.
1.The General Manager, State Express Transport Corporation (Tamilnadu)Ltd, Pallavan Salai, Chennai - 600 002.
2.The Administrator, Tamil Nadu State Transport Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-2. .. Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to pay the petitioner Rs.3,74,100/- towards Gratuity, Rs.28,307/- towards leave salary, the amount payable towards the Medical College Fund, Engineering College Fund, Polytechnic College Fund, Social Welfare Fund and the interest for the Provident Fund, the arrears of wages for the period from 01.09.2013 to 31.05.2016 payable pursuant new wage settlement and further directing the respondents to pay the petitioner Rs.1,52,787/- towards the Pension Commutation amount and other benefits together with 18% interest per annum within a time frame as may be fixed by this Court.
For Petitioner : Mr.R.Murugan For Respondents : Mr.K.Sathiya Singh, Standing Counsel for T.N.S.T.C., ***
O R D E R
The petitioner was employed as Senior Grade Driver in the respondents Corporation and he retired from service on 31.05.2016, on reaching 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 installments https://hcservices.ecourts.gov.in/hcservices/
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 installments. The learned Standing Counsel for the respondents has no objection to pass similar orders passed by this Court earlier following the order of the Hon'ble Division Bench.
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 installments; ii)The first installment shall commence by making payment on or before 10th of August 2017 and the amount in each of the remaining installments 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 installments, 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(P&A) /True Copy/ Sub Assistant Registrar To 1.The General Manager, State Express Transport Corporation (Tamilnadu)Ltd, Pallavan Salai, Chennai - 600 002.
2.The Administrator, Tamil Nadu State Transport Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-2. +1cc to Mr.K.Sathiyasingh,Advocate,SR.58235 +1cc to Mr.R.Murugan,Advocate,SR.58191 W.P.(MD).No.10177 of 2017 02.06.2017 GNS/PMU KK/MR/SAR3-12.06.2017-2P-5C https://hcservices.ecourts.gov.in/hcservices/