G.Paramasivam v. The Management Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.01.2017 CORAM :
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P(MD)No.1447of 2017 G.Paramasivam ... Petitioner vs.
1.The Management of Tamilnadu State Transport Corporation(Kumbakonam)Ltd, Rep. By its Managing Director, Kumbakonam.
2.The Administrator, Tamil Nadu State Transport Employees Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai-2.
... Respondents Petition filed under Article 226 of the Constitution of India, to issue a WRIT OF MANDAMUS, directing the 1st respondents to pay the petitioner all his retirement benefits including Gratuity, Leave Salary, Social Security Scheme benefit and Refundable Deposits, together with 18% interest per annum, along with interest amount towards the delayed payment of EPF Employee's Contribution amount Rs.46,726/- for the period from 31.12.15 to 20.07.16 at the rate as per EPF Scheme and further directing the respondents to pay him pension and pension arrears from 01.01.16 and Pension Commutation, together with 18% interest per annum, within a time as may be fixed by this Hon'ble Court. For Petitioner : Mr.S.Arunachalam For Respondents : Mr.D.Sivaraman for R1 Mr.A.P.Muthupandian for R2
ORDER
The petitioner was employed as Selection Grade Driver in the respondent Corporation and he retired from service on 31.12.15 on attaining 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 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 settled, in twelve equal monthly instalments; https://hcservices.ecourts.gov.in/hcservices/
ii)The first instalment 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(CS-I) /True copy/ Sub Assistant Registrar To +1cc to Mr.D.Sivaraman, Advocate, SR.No:5493 +1cc to Mr.S.Arunachalam, Advocate, SR.No:5247 nbi AE/CM MSA/14.02.2017/2P/3C W.P(MD)No.1447 of 2017 31.01.2017 https://hcservices.ecourts.gov.in/hcservices/