Madras High CourtWP(MD)/2025/2017disposed of

S.Jokku v. The Tamil Nadu State Transport

2017-02-07Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.02.2017 CORAM :

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P(MD)No.2025 of 2017 S.Jokku ... Petitioner vs.

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

... Respondent Petition filed under Article 226 of the Constitution of India, to issue 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 based on the petitioner's representation dated 02.02.2017 with reasonable rate of interest within the time that may be stipulated by this Hon'ble Court.

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

ORDER

The petitioner was employed as Cook in the respondent Corporation and he retired from service on 31.01.2015 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;

ii)The first instalment shall commence by making payment on or https://hcservices.ecourts.gov.in/hcservices/

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-I) /TRUE COPY/ Sub Assistant Registrar +1 cc to MR.G.M.Xavier, ADVOCATE, SR NO:6685 +1 cc to MR.D.Sivaraman, ADVOCATE, SR NO:6655 nbi sva/pm/pn/15.02.2017/2p/3c W.P(MD)No.2025 of 2017 07.02.2017 https://hcservices.ecourts.gov.in/hcservices/