S.Murugesan v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :30.06.2016
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.11043 of 2016 S.Murugesan .. Petitioner Vs.
1.The Managing Director, Tamilnadu State Transport Corporation Madurai Limited, Bye pass Road, Madurai- 625 016. 2.The General Manager, Tamilnadu State Transport Corporation Madurai Limited, Dindigul Region, Dindigul - 624 004. 3.The Administrator, Tamilnadu State Transport Pension Fund Trust, Thiruvalluvar Illam, Pallavansalai, Chennai - 600 002.
.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus directing the respondents to pay the retirement benefits with interest to the petitioner in view of the representation dated 06.06.2016. For Petitioner :Mr.S.Royce Immanuel For Respondents :Mr.A.P.Muthupandian
O R D E R
The petitioner was employed as Superintendent in the respondent transport corporation and he retired from service on 31.05.2016 on reaching superannuation.
2.He has filed this writ petition seeking for a direction to the respondents to pay the retirement benefits. 3.When the matter is taken up for hearing, Mr.A.P.Muthupandian learned Standing Counsel appearing for the respondents submitted that the issue is covered by a judgment of a Division Bench of this Court in W.A.(MD).Nos.383 to 457 of 2015 dated 12.06.2015. He has further submitted that the respondents would consider the request of the petitioner in the light of the judgment passed by the Honourable Division Bench.
4.For ready reference, the judgment passed by the Hon'ble Division Bench in W.A.(MD).Nos.383 to 457 of 2015 dated 12.06.2015 is extracted hereunder:
"The learned Additional Advocate General submits that he has obtained written instructions vide letter No.7945/E/2015-2 dated 11.06.2015 that the terminal benefits of the appellants would be settled through twelve equal monthly installments, carrying interest of 6% p.a.
2.The said statement is thus taken on record and the respondents will be bound by the same, we have to keep in mind the judicial pronouncement of the Honourable Supreme Court in D.D.TEWARI (D) THR. LRS. Vs. UTTAR HARYANA BIJLI VITRAN NIGAM LTD & ORS {2014 https://hcservices.ecourts.gov.in/hcservices/
(9) SCALE - 78}, wherein it is held that in case of any delay in making 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 appellants for non-compliance of undertaking given to this Court.
3.The installments to be paid from July 2015 and each installment should be paid on or before 7th of each month"
5.Following the judgment of the Hon'ble Division Bench of this Court referred to above, the respondents are directed to pay the amount due to the petitioner in 12 equal monthly installments commencing from 10th August, 2016. Further, if there are settlements or awards, the Corporation is obliged to take the same into account while arriving at the figure. It is needless to mention that the entire arrears shall carry interest at the rate of 6% per annum. In case of delay in making installments, the interest payable could be 18% for the delayed period. 6.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 to.
7.The learned counsel for the respondents/Transport Corporation says that against certain employees, there are recoveries from them. So, the above payment may be made subject to recoveries, if any, from the employees. The petitioner is also agreeable for the same.
8.With the above direction, the writ petition stands disposed of. No costs.
Sd/- Assistant Registrar(W) /True Copy/ Sub-Assistant Registrar To 1.The Managing Director, Tamilnadu State Transport Corporation Madurai Limited, Bye pass Road, Madurai- 625 016. 2.The General Manager, Tamilnadu State Transport Corporation Madurai Limited, Dindigul Region, Dindigul - 624 004. 3.The Administrator, Tamilnadu State Transport Pension Fund Trust, Thiruvalluvar Illam, Pallavansalai, Chennai - 600 002. +One cc to Mr.S.Royce Immanuel, Advocate, SR.No.34180 pm RL/5C/2P/SKS/RR/12/7/2016 W.P.(MD)No.11043 of 2016 30/06/2016 https://hcservices.ecourts.gov.in/hcservices/