P.Muthiah, S/O.Paramasivam, v. The Tamil Nadu State Transport

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.06.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).No.11461 of 2017 P.Muthiah .. Petitioner Vs.

The Tamil Nadu State Transport Corporation (Madurai) Ltd., Represented by its Managing Director, Madurai.

.. Respondent PRAYER : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to pay the entire eligible terminal benefits payable to the petitioner including Gratuity, Terminal Leave Salary together with interest at the rate of 18% per annum from the date of his retirement to till date of payment within the time that may be stipulated by this Court.

For Petitioner : Mr.A.Rahul For Respondent : Mr.A.Jeyaram Standing Counsel for TNSTC ***

O R D E R

The petitioner was employed as Selection Grade Driver in the respondents Corporation and he retired from service on 30.09.2013 on reaching the age of superannuation.

2.The petitioner has filed this writ petition seeking a direction to the respondent 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 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 respondent has no objection to pass similar orders passed by this Court earlier following the order of the Hon'ble Division Bench.

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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(Writs) /True Copy/ Sub Assistant Registrar To The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Ltd., Madurai.

+1cc to Mr.A.Rahul, Advocate Sr.No.61383 SJ VB/MR/SAR3/05.07.2017/2P/3C ORDER MADE IN W.P.(MD).No.11461 of 2017 21.06.2017 https://hcservices.ecourts.gov.in/hcservices/