M.Ragavan, v. The Management Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.10.2018

CORAM:

THE HONOURABLE Mr.JUSTICE S.VAIDYANATHAN W.P.(MD)No.21467 of 2018 M.Ragavan ...

Petitioner Vs.

The Management of Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Tirunelveli Region, Rep.by its Managing Director, Tirunelveli ...

Respondent PRAYER: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to refund the amount Rs.52,170/- recovered from the terminal benefits of the petitioner, in the name of monetary value of punishment uneffected period, together with 6% interest p.a., For Petitioner : Mr.S.Arunachalam For Respondent : Mr.K.Sathiyasingh Standing Counsel

O R D E R

The petitioner has come forward with the present Writ Petition for issuance of a Writ of Mandamus, directing the respondent to refund the amount Rs.52,170/- recovered from the terminal benefits of the petitioner, in the name of monetary value of punishment uneffected period, together with 6% interest p.a., 2.Mr.K.Sathiyasingh, the learned Standing Counsel takes notice for the respondent.

3. When the matter is taken up for hearing, it is represented by the learned counsels appearing on either side that the issue had already been covered by the principle laid down by a Division Bench of this Court in W.A.(MD)No.465 of 2017, dated 30.06.2017.

3. Since the issue is squarely covered by the principle laid down by a Division Bench judgment of this Court in W.A.(MD)No.465 of 2017, dated 30.06.2017, this writ petition is disposed of with a direction to the respondent to settle the entire terminal benefits due and payable to the petitioner in twelve equal monthly https://hcservices.ecourts.gov.in/hcservices/

installments carrying interest of 6% p.a. The first installment should commence from November, 2018 and each of the installments should be paid on or before 10th of each month. In case of any delay in the payment of the installments, the interest payable would become 18% p.a. for the delayed period apart from any other remedy which may be available to the petitioner for such nonpayment of the installments.

4. 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 amount already settled, he can agitate the same as per law, if he is entitled to. No costs.

Sd/- Assistant Registrar(AS) /TRUE COPY/ Sub Assistant Registrar(CS-I) To +1. C.C. to M/S.S.Arunachalam, Advocate SR.No. 90468 +1. C.C. to M/S.K.Sathiyasingh, Advocate SR.No. 90406 W.P.(MD)No.21467 of 2018 12.10.2018 MPK JM/VR MMS/SAR 1/09.11.2018/2P/3C https://hcservices.ecourts.gov.in/hcservices/