B.Govindaraj, S/O.Balaguru, v. The Management Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.02.2017 CORAM :

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P(MD)No.2284 of 2017 B.Govindaraj ... Petitioner vs.

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

2.The General Manger, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Nagappattinam Region, Nagappattinam.

3.The Administrator, The Tamilnadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House, Pallavan salai, Chennai-2. ... Respondents Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to settle the petitioner's terminal benefits including gratuity, commutation, pay revision arrears from 01.09.2010 to 29.02.2012 in terms of G.O.Ms.No.61, dated 30.04.2015 and settlement dated 13.04.2015 under Section 12(3) of the I.D.Act, 1947 with interest at the rate of 18% per annum payable from the date of his retirement ie., from 29.02.2012 to till the date on which the said benefits are settled to the petitioner.

For Petitioner : Mr.G.M.Xavier For Respondents : Mr.D. Sivaraman for R1 & R2 Mr.A.P.Muthpandiyan for R3

ORDER

The petitioner was employed as Checking Inspector in the respondent Corporation and he retired from service on 29.02.2012 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 https://hcservices.ecourts.gov.in/hcservices/

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 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(C) /True Copy/ Sub Assistant Registrar To 1.The Management of Tamil Nadu State Transport Corporation (Kumbakonam)Ltd., Represented by its Managing Director, 27, Railway Station New Road,Kumbakonam.

2.The General Manger, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd.,Nagappattinam Region, Nagappattinam. +1cc to Mr.D.SIVARAMAN Advocate in SR. No.7885 +1cc to Mr.G.M.XAVIER Advocate in SR. NO.8191 NBI JS/MR/22.02.2017/2P-5C W.P(MD)No.2284 of 2017 (7/13) 13.02.2017 https://hcservices.ecourts.gov.in/hcservices/