Madras High CourtWP(MD)/355/2017disposed of

V.John Rose, v. State Express Transport

2017-01-09Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.01.2017 CORAM :

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P(MD)No.355 of 2017 V.John Rose ... Petitioner vs The State Express Transport Corporation Ltd., Represented by its Managing Director, Thiruvalluvar Illam, Pallavan Salai, Chennai.

... Respondent PRAYER:Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondent to pay the terminal benefits amount payable to the petitioner including difference in uanvailed leave salary together with 18% interest and all other attendant benefits to him within the time that may be stipulated by this Honourable Court.

For Petitioner : Mr.A.Rahul For Respondent : Mr.K.Sathiya Singh Standing Counsel

ORDER

The petitioner was employed as Selection Grade Senior Assistant Engineer in the respondents Corporation and he retired from service on 31.05.2015 on attaining the age of superannuation. 2.He has filed this writ petition seeking for a direction to the respondent 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. https://hcservices.ecourts.gov.in/hcservices/ 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 installment shall commence by making payment on or before the 10th March 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(CO) /True Copy/ Sub Assistant Registrar To The State Express Transport Corporation Ltd., Represented by its Managing Director, Thiruvalluvar Illam, Pallavan Salai, Chennai.

+1cc to Mr.A.K.Thanga velu,Advocate in SR. No.1528 +1cc to Mr.K.Sathiya Singh, Advocate in SR. No.1655 vsn Jsi/skn/cr/2p-4c/30.01.2017 W.P(MD)No.355 of 2017 09.01.2017 https://hcservices.ecourts.gov.in/hcservices/