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Madras High CourtWP(MD)/18821/2018disposed of

L.Veeramani v. The General Manager

2018-08-29Honourable Mr Justice S. Vaidyanathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.08.2018 CORAM :

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P(MD)No.18821 of 2018 L.Veeramani .. Petitioner Vs.

1.The General Manger, The Tamil Nadu State Transport Corporation (Madurai) Ltd., Dindigul Region, Collector Office (PO), Dindigul-4. 2.The Administrator, The Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.

.. Respondents Prayer: Writ Petition - filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to settle the petitioner's retirement benefits including Arrears of monthly pension for May 2017, Provident Fund, Gratuity, Earned Leave Wages for 26.5 days, IRT share amount of Rs.4,000/- monthly pension payable to him from June 2017 to till date and Dearness Allowance payable to him along with monthly pension as per the settlement dated 13.04.2015 under Section 12(3) of ID Act, w.e.f. 01.09.2013 with reasonable rate of interest within the time that may be stipulated by this Court.

For Petitioner : Mr.G.M.Xavier For Respondents : Mr.A.Jeyaram Standing Counsel

O R D E R

The petitioner has come forward with this writ petition, for issuance of a Writ of mandamus, directing the respondent to settle the petitioner's retirement benefits including Arrears of monthly pension for May 2017, Provident Fund, Gratuity, Earned Leave Wages for 26.5 days, IRT share amount of Rs.4,000/- monthly pension payable to him from June 2017 to till date and Dearness Allowance payable to him along with monthly pension as per the settlement dated 13.04.2015 under Section 12(3) of ID Act, w.e.f. 01.09.2013 with reasonable rate of interest within the time that may be stipulated by this Court.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. According to the petitioner, he was employed as Conductor in the Tamil Nadu State Transport Corporation from 09.10.1992. Then, he

was promoted as a Senior Grade Conductor and retired from service on 30.04.2017. The respondents have not settled the pensionary benefits of the petitioner including Arrears of monthly pension for May 2017, Provident Fund, Gratuity, Earned Leave Wages for 26.5 days, IRT share amount of Rs.4,000/- monthly pension payable to him from June 2017 to till date and Dearness Allowance payable to him along with monthly pension with reasonable rate of interest with effect from 30.04.2017 as Senior Grade Conductor.

He made several representations in this regard. Since the representations have not been considered by the respondents, the petitioner is before this Court.

4. The learned counsel appearing for the respondents submitted that they have no objection to settle the retirement benefits including Provident Fund, Gratuity, Earned Leave Wages, etc., that are not paid to him, in 12 installments commencing from 1st November, 2018 together with monthly pension.

5. 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 installments 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 installment.

6. 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 installments commencing from 1st November, 2018, together with monthly pension;

ii)The first installment shall commence by making payment on or before the 10th November 2018 and the amount in each of the remaining installments 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 installments, 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. "

7. This Court makes it clear that the monthly pension shall be paid periodically, if the petitioner is otherwise eligible. The respondents are willing to accept and extend the benefits from 1st November, 2018. No costs.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar(CS-I) 1 CC TO Mr.G.M.Xavier , ADVOCATE IN SR No.81101. 1 CC TO Mr.A.Jeyaram, ADVOCATE IN SR No. 80970. SM DS SV SAR1 30 10 2018 3P 3C W.P(MD)No.18821 of 2018 29.08.2018