Madras High CourtWP(MD)/2977/2017disposed of

R.Dharmalingam (J 05926) v. The Managing Director

2017-02-22Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.02.2017 CORAM :

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P(MD)No.2977 of 2017 R.Dharmalingam ... Petitioner vs.

The Managing Director, Tamil Nadu State Transport Corporation(Coimbatore)Limited, No.37, Mettupalayam Road, Coimbatore-641 043.

... Respondent Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondent to settle the petitioner's retirement benefits including leave salary, post retirement benefit scheme arrears, dearness allowance arrears, provident fund and all other attendant retirement benefits etc., with interest at the rate of not less than 12% per annum from the date of retirement and further directing the respondents to pay interest at the rate of 12% per annum for the belated settlement of retirement benefits including the commuted value of pension, gratuity and other emoluments etc., to the petitioner payable from the date of retirement i.e., 25.06.2015 to till date of actual Payment within the period stipulated by this Honourable Court. For Petitioner : Mr.N.Sathish Babu For Respondent : Mr.K.Sathiya Singh

ORDER

The petitioner was the employee of the respondent Corporation and he retired from service on 25.06.2015 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 https://hcservices.ecourts.gov.in/hcservices/

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(AE) /True Copy/ Sub Assistant Registrar To The Managing Director, Tamil Nadu State Transport Corporation(Coimbatore)Limited, No.37, Mettupalayam Road, Coimbatore-641 043.

+1 cc to Mr. N.SATHISH BABU, Advocate, Sr.No: 10346 +1 cc to Mr. K.SATHIYA SINGH, Advocate, Sr.No: 9838 nbi MAS/RSK/SAR3:06.03.2017:2P/4C W.P(MD)No.2977 of 2017 22.02.2017 https://hcservices.ecourts.gov.in/hcservices/