Madras High CourtWP(MD)/2314/2017disposed of

S.Mayilvahanam, v. The Managing Director

2017-02-13Honourable Mr Justice S. Vaidyanathan2 pages

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

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P(MD)No.2314 of 2017 S.Mayilvahanam ... Petitioner vs.

1.The Managing Director, Tamilnadu State Transport Corporation (Tirunelveli)Ltd., Tirunelveli District.

2.The General Manger, Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Nagercoil Region, Kanyakumari District.

3.The Branch Manager, Tamilnadu State Transport Corporation (Tirunelveli) Ltd., Nagercoil Region, Ranithottam-II, Kanyakumari District. ... Respondents Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 1st and 2nd respondents to disburse the petitioner's retirement benefits such as Earnest and Medical Leave benefits along with 18% interest from 31.01.2012 till the date of realization by considering the representation of the petitioner dated 04.01.2017.

For Petitioner : Mr.G.V. Selvan For Respondents : Mr.K. Sathiyasingh

ORDER

The petitioner was employed in the respondent Corporation and he retired from service on 31.01.2012 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 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 https://hcservices.ecourts.gov.in/hcservices/

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(AS) /True Copy/ Sub Assistant Registrar To 1.The Managing Director, Tamilnadu State Transport Corporation (Tirunelveli)Ltd., Tirunelveli District.

2.The General Manger, Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Nagercoil Region, Kanyakumari District.

3.The Branch Manager, Tamilnadu State Transport Corporation (Tirunelveli) Ltd., Nagercoil Region, Ranithottam-II, Kanyakumari District. +1cc to M/s.SATHIYA SINGH Advocate in SR. No.7743 JS/BS/24.02.2017/2P-5C W.P(MD)No.2314 of 2017 13.02.2017 https://hcservices.ecourts.gov.in/hcservices/