R.Nandhakumaran, v. The Managing Director,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.09.2017 CORAM :
THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.16913 of 2017 R.Nandhakumaran ... Petitioner Vs.
1.The Managing Director, Tamilnadu State Transport Corporation (Madurai) Ltd., Byepass Road, Madurai.
2.The General Manager, Tamilnadu State Transport Corporation (Madurai) Ltd., Dindigul Region, Dindigul.
3.The Administrator, Tamilnadu State Transport Corporation, Employees Pension Fund Trust, Pallavana Illam, Pallavan Salai, Chennai.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the respondents to settle the terminal benefits such as pension, commutation, gratuity, provident fund, employees retirement benefit scheme, surrender leave salary and social security scheme benefits along with 18% interest within the stipulated period. For Petitioner : Mr.S.Govindan For Respondents : Mr.A.P.Muthupandian Standing counsel for TNSTC
ORDER
By consent of both sides, this writ petition itself is taken up for final disposal.
2. Heard the learned counsel for the petitioner and the learned standing counsel for the respondents. 3.The learned counsel for the petitioner would submit that the petitioner is a retired Conductor from service with effect from 31.05.2017. His grievance appears that the respondents have not settled the Provident Fund, Gratuity, Surrender leave salary, commutation, employees retirement benefit scheme and pension. Finding no response, the petitioner has given a representation to the respondents to pay the entire terminal benefits with 18% https://hcservices.ecourts.gov.in/hcservices/
interest per annum from the date of retirement. However, the same has not been considered. Hence, the petitioner is before this Court with this writ petition.
4.The learned counsel for the petitioner, instructions, sought four weeks to consider the representation of the petitioner.
5. The issue relating to the payment of retirement benefits by the Transport Corporation is no more res integra. The first Bench in W.A.(MD) Nos.383 to 457 of 2015, keeping in mind the retirement benefits of the Driver, Conductors, having not been disbursed by the Transport Corporation, has given 12 equal monthly installments to clear all the retirement benefits with interest at 6%.
6.In the light of the order passed by this Court in the writ appeal cited supra, the respondents are directed to disburse the retirement benefits of the petitioner with 12 equal monthly installments and the first of such installment shall commence from the first week of October 2017.
7.The Writ Petition stands disposed of with the above direction. No costs.
Sd/- Assistant Registrar(CSI) /True Copy/ Sub-Assistant Registrar To 1.The Managing Director, Tamilnadu State Transport Corporation (Madurai) Ltd., Byepass Road, Madurai.
2.The General Manager, Tamilnadu State Transport Corporation (Madurai) Ltd., Dindigul Region, Dindigul.
3.The Administrator, Tamilnadu State Transport Corporation, Employees Pension Fund Trust, Pallavana Illam, Pallavan Salai, Chennai.
+One cc to Mr.S.Govindan, Advocate, SR.No.77096 RR RL/5C/2P/JC/SAR1/22/9/2017 W.P.(MD)No.16913 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 07.09.2017