P.Suresh v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.02.2017 CORAM :

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P(MD)No.3220 of 2017 P.Suresh ... Petitioner vs.

1.The Managing Director, Tamil Nadu State Corporation Tirunelveli Ltd., Tirunelveli.

2. The General Manager, Tamil Nadu State Corporation Tirunelveli Ltd., Ranithottam, Nagercoil - 629 001, Kanyakumari District. ... Respondents Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the Respondents to settle the Petitioner's retirement benefits including Provident Fund, Gratuity, Leave Salary, Dearness Allowance arrears and all other attendant retirement benefits etc., with interest at the rate of not less than 18% from the date of retirement namely 31.5.2016 and pay the same to the petitioner within the time frame to be fixed by this Hon'ble Court.

For Petitioner : Mr.N.S.Ramakrishnadass For Respondents : Mr.K.Sathiya Singh

ORDER

The petitioner was the employee of the respondent Corporation and he retired from service on 31.05.2016 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;

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 https://hcservices.ecourts.gov.in/hcservices/

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 /True Copy/ Sub-Assistant Registrar To 1.The Managing Director,Tamil Nadu State Corporation Tirunelveli Ltd., Tirunelveli.

2.The General Manager, Tamil Nadu State Corporation Tirunelveli Ltd., Ranithottam, Nagercoil - 629 001, Kanyakumari District. +1 cc to Mr. K.SATHIYA SINGH, ADVOCATE , SR NO.11203 +1 CC TO MR. N.S.RAMAKRISHNA DASS, ADVOCATE, SR NO.11055 nbi MAS/SV:09.03.2017:2P-5C W.P(MD)No.3220 of 2017 27.02.2017 https://hcservices.ecourts.gov.in/hcservices/