Madras High CourtWP(MD)/1163/2017disposed of

V.Prakash Rao v. The Management Of

2017-01-25Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.01.2017 CORAM :

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P(MD)No.1163 of 2017 V.Prakash Rao ... Petitioner vs.

The Managerment of Tamilnadu State Transport Corporation (Kumbakonam) Ltd., Trichy Region, Rep. by its General Manager, Trichy.

... Respondent PRAYER:Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus directing the respondent to pay the petitioner Rs.6,43,465/- towards Gratuity and Rs.3,11,197/- towards Leave Salary together with 18% interest per annum along with interest amount towards the delay in paying EPF Employees Contribution amount Rs.1,71,054/- for the period from 31.07.16 to 24.07.17 at the same rate within a time frame as may be fixed by this Hon'ble Court. For Petitioner : Mr.S.Arunachalam For Respondent : Mr.D.Sivaraman

ORDER

The petitioner was employed as Special Grade Driver in the respondents Corporation and he retired from service on 31.07.2016 on attaining the age of superannuation.

2.He has filed this writ petition seeking for 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 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 https://hcservices.ecourts.gov.in/hcservices/

settled, in twelve equal monthly instalments; ii)The first installment shall commence by making payment on or before the 10th March 2017 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(P&A) /True Copy/ Sub Assistant Registrar vsn To The General Manager, The Management of Tamilnadu State Transport Corporation (Kumbakonam) Ltd., Trichy Region,Trichy.

+1cc to Mr.S.ARUNACHALAM, Advocate Sr.No. 4469 +1cc to Mr.D.SIVARAMAN, Advocate Sr.No. 4266 JAM/08.02.17/CM-MSA/2P-4C W.P(MD)No1163 of 2017 25.01.2017 https://hcservices.ecourts.gov.in/hcservices/