M.Krishnamoorthy, v. The Management Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.02.2017 CORAM :
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P(MD)No.1832 of 2017 M. Krishnamoorthy ... Petitioner vs.
1.The Management of TamilNadu State Transport Corporation (Kumbakonam) Ltd, Rep. by its Managing Director, Kumbakonam.
2.The Administrator, TamilNadu State Transport Employees Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai-2.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court for issuance of a Writ of Mandamus, directing the 1st respondent to pay the petitioner Rs.5,36,288/- towards Gratuity, Rs.1,09,081/- towards Leave Salary, together with 18% interest per annum, and further directing the respondents to pay his Rs.2,33,350/- towards the Pension Commutation amount and arrears of pension for the period from 01.09.14 by revising his pension, together with 18% interest per annum, after calculating all his terminal/ pension benefits based on the monthly wages payable to him on the month of his retirement I.e., August 2014 by revising the same as per the settlement dated 13.04.15, as ordered by the Division Bench of this court in its order dated 29.01.16 in W.A.(MD)No.1457 of 2015 and etc., For Petitioner : Mr.S. Arunachalam For Respondent No.1 : Mr.D. Sivaraman For Respondent No.2 : Mr. A.P. Muthupandian, Standing Counsel
ORDER
The petitioner was employed as Special Grade Driver in the respondents Corporation and he retired from service on 31.08.2014 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 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 April 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 II) /TRUE COPY/ Sub Assistant Registrar To 1.The Managing Director, TamilNadu State Transport Corporation (Kumbakonam) Ltd, Kumbakonam.
2.The Administrator, TamilNadu State Transport Employees Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai-2.
+1 cc to MR.S.ARUNACHALAM, ADVOCATE, SR NO: 6237 +1 cc to MR.D.SIVARAMAN, ADVOCATE, SR NO: 6154 VSN AAM PM PN 15.02.2017 2P 5C W.P(MD)No.1832 of 2017 03.02.2017 2/4 https://hcservices.ecourts.gov.in/hcservices/