Madras High CourtWP(MD)/1965/2017disposed of

S.Ramanathan v. The Tamil Nadu State Transport

2017-02-06Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.02.2017 CORAM :

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P(MD)No.1965 of 2017 S. Ramanathan ... Petitioner vs.

The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Represented by its Managing Director, Karaikudi Region, 27, New Railway Station Road, Kumbakonam.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court for issuance of a Writ of Mandamus, directing the respondent to settle all of the petitioner's retirement benefits payable to him as per the settlement, dated 13.04.2015 U/s 12(3) of I.D. Act with effect from 01.09.2013, earned leave wages for 42 days, arrears of review salary for a period of 11 months from 01.08.2007 to 30.06.2008 and interest for commutation of pension based on his representation, dated 15.12.2016 with reasonable rate of interest, within the time stipulated by this Court.

For Petitioner : Mr.G.M. Xavier For Respondent : Mr.D. Sivaraman

ORDER

The petitioner was employed as Selection Grade Driver in the respondent Corporation and he retired from service on 30.04.2014 on attaining the age of superannuation.

2.He has filed this writ petition seeking for a direction to the respondent 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. https://hcservices.ecourts.gov.in/hcservices/

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(Record) /True Copy/ Sub Assistant Registrar To The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Karaikudi Region, 27, New Railway Station Road, Kumbakonam.

+1cc to Mr.G.M.Xavier Advocate Sr.No.6269 +1cc to Mr.D.Sivaraman, Advocate SR.No.6375 vsn SM:BS-MR:24.02.2017:2p/4c W.P(MD)No.1965 of 2017 06.02.2017 https://hcservices.ecourts.gov.in/hcservices/