J.Mariya Sekar, v. State Express Transport
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.01.2017 CORAM :
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P(MD)No.1190 of 2017 Mariya Sekar ... Petitioner vs.
State Express Transport Corporation Ltd., Rep. by its Managing Director, Thiruvalluvar Illam, Pallavan Salai, Chennai - 600 002.
... 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 terminal benefits amount payable to the petitioner including provident Fund amount Unavailed Leave Salary Social Security Scheme Amount, Refund Amount of Institute of Road Transport, Post Retirement Benefit Scheme Amount- current payment with arrears and Dearness Allowance arrears together with 18% interest and all other attendant benefits to him within the stipulated period fixed by this Court..
For Petitioner : Mr.A.Rahul For Respondent : Mr.K.Sathiyasingh Standing Counsel
ORDER
The petitioner was employed as Selection Grade Senior Tradesman in the respondents Corporation and he retired from service on 31.06.2015 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 https://hcservices.ecourts.gov.in/hcservices/
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 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(CO) /True copy/ Sub Assistant Registrar To The Managing Director, State Express Transport Corporation Ltd., Thiruvalluvar Illam, Pallavan Salai, Chennai - 600 002.
+1 cc to M/s.A.K.Thangavelu, Advocate in SR.No. 4053 +1 cc to M/s.K.Sathiya Singh, Advocate in SR.No. 4341 vsn MAS/JM-MSK/13.02.2017 :2P/4C W.P(MD)No.1190 of 2017 25.01.2017 https://hcservices.ecourts.gov.in/hcservices/