T.Veerapandian, v. The Management Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.02.2017 CORAM :

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P(MD)No.2704 of 2017 T.Veerapandian ... Petitioner vs.

1.The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Ltd, Rep.by its Managing Director, Kumbakonam.

2.The Administrator, Tamil Nadu State Transport Employees Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai-2. ... Respondents Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to pay the petitioner Rs.21,30,819/- towards Gratuity and Rs.3,26,970/- towards encashment of Leave on Personal Affairs and Rs.8,42,856/- towards encashment of Earned Leaves, apart from paying wages for encashment of the Sick Leaves earned by him in his service before 31.08.98 and stood in his leave credit, together with 18% interest per annum and further directing the respondents to pay him Rs.8,08,337/- towards the pension Commutation together with 18% interest per annum within a time frame as may be fixed by this Honourable court.

For Petitioner : Mr.S.Arunachalam For Respondents : Mr.D.Sivaraman for R1 Mr.A.P.Muthupandian for R2

ORDER

The petitioner was the employee of the respondent Corporation and he retired from service on 29.02.2016 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.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; https://hcservices.ecourts.gov.in/hcservices/

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 (CS-I) /True copy/ Sub Assistant Registrar To 1.The Managing Director, The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Ltd, Kumbakonam.

2.The Administrator, Tamil Nadu State Transport Employees Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai - 2. +1 CC to M/s.D.SIVARAMAN, Advocate, SR No.9243 +1 CC to M/s.S.ARUNACHALAM, Advocate, SR No.9783 NBI PSM/RSK/SAR3/06.03.2017/2P/5C W.P(MD)No.2704 of 2017 20.02.2017 https://hcservices.ecourts.gov.in/hcservices/