P.Baskaran v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.02.2017 CORAM :
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P(MD)No.2462 of 2017 P.Baskaran ... Petitioner vs.
1.The State of Tamil Nadu, Rep. by its Secretary to Government, Transport Department, Fort St. George, Chennai-9.
2.M/s. Tamil Nadu State Transport Corporation (TNV Ltd), Tirunelveli Region, Rep by its Managing Director.
3.The General Manager, Tamil Nadu State Transport Corporation(TNV Ltd) Tirunelveli Region.
4.The Branch Manager, Thoothukudi (Moffusil)Branch, Tamil Nadu State Transport Corporation(Madurai Ltd), Tirunelveli Zone, Ettayapuram Road, Tuticorin.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court for issuance of a Writ of Mandamus, directing the respondents to disburse the petitioner's retirement benefits in terms of the proceedings No.10667/Ad10/TNSTC/TNV/2016, dated 27.09.2016 of the 3rd Respondent, without further delay. For Petitioner : Mr. S. Kadarkarai For Respondent No.1 : Mr.S. Sathish Kumar Addl.Govt.Pleader For Respondent No.2 to 4 : Mr.K. Sathiya Singh Standing Counsel
ORDER
The petitioner was employed as Special Grade Driver-V Level in the respondents Corporation and he retired from service on 30.09.2016 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.
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-II) /True Copy/ Sub Assistant Registrar
To 1.The Secretary to Government, Government of Tamil Nadu, Transport Department, Fort St. George, Chennai-9.
2.The Managing Director, M/s. Tamil Nadu State Transport Corporation (TNV Ltd), Tirunelveli Region.
3.The General Manager, Tamil Nadu State Transport Corporation(TNV Ltd) Tirunelveli Region.
4.The Branch Manager, Thoothukudi (Moffusil)Branch, Tamil Nadu State Transport Corporation,(Madurai Ltd), Tirunelveli Zone, Ettayapuram Road, Tuticorin.
+1 cc to MR.S.KADARKARAI, Advocate SR.No.7963 +1 cc to MR.K.SATHIYASINGH, Advocate SR.No.8217 W.P(MD)No.2462 of 2017 14.02.2017 SMA/PM-PN/01.03.2017:3P/7C