V. Santhanam v. Tamilnadu State Transport

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

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P(MD)No.1227 of 2017 V.Santhanam ... Petitioner vs.

The Tamilnadu Transport Corporation (Madurai) Ltd., Represented by Managing Director, Bypass Road, Madurai-10.

... 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 entire terminal benefits payable to the Petitioner including Earned Leave Salary together with interest at 18% per annum from the date of Petitioner's retirement to till the date of payment within the time stipulated by this Court.

For Petitioner : Mr.A.Rahul For Respondent : Mr.A.P.Muthupandian

ORDER

The petitioner's husband K.Veeranan was employed as Conductor in the respondent Corporation and while in service he died on 15.3.2015 due to illness.

2.Hence his wife 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:- https://hcservices.ecourts.gov.in/hcservices/

i)A direction is issued to the transport corporation to settle the terminal benefits of the petitioner's husband 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's wife to question the computation of any of the terminal benefits, if the same is paid lesser than the amount to which, she is entitled to receive. Likewise, if the petitioner's wife has any grievance that she is entitled to interest for the amount already settled, she can agitate the same as per law, if he is entitled. No costs.

Sd/- Assistant Registrar (Writs) /True Copy/ Sub Assistant Registrar vsn To, The Managing Director, The Tamilnadu Transport Corporation (Madurai) Ltd., Bypass Road, Madurai-10.

+1 CC to Mr.A.Rahul, Advocate Sr.No.4182 GJM/PM/24.2.17-2p-3C W.P(MD)No.1227 of 2017 25.01.2017 https://hcservices.ecourts.gov.in/hcservices/