V.Murugan, v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.03.2017 CORAM :
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P(MD)No.3588 of 2017 V.Murugan ... Petitioner vs.
1.The Managing Director, TamilNadu State Transport Corporation Tirunelveli Limited, Thirunelveli.
2.The General Manager, Tamil Nadu State Transport Corporation Tirunelveli Limited, Ranithottam, Nagercoil -629 001, Kanyakumari District.
... 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 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 31.05.2013 and to pay the same to the Petitioner within the time frame fixed by this Court. For Petitioner : Mr.N.S.Ramakrishnadoss For Respondents : Mr.K.Sathiya Singh Standing Counsel
ORDER
The petitioner was employed as Conductor in the respondents Corporation and he retired from service on 31.05.2013 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. 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 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-III) /True Copy/ Sub Assistant Registrar To 1.The Managing Director, TamilNadu State Transport Corporation Tirunelveli Limited, Thirunelveli.
2.The General Manager, Tamil Nadu State Transport Corporation Tirunelveli Limited, Ranithottam, Nagercoil -629 001, Kanyakumari District.
+1cc to Mr.N.S.Ramakrishnadoss, Advocate Sr.No. 11977 +1cc to Mr.K.Sathiya Singh, Advocate Sr.No. 11766 vsn AE/PM PN/13.03.2017/2P/5C W.P(MD)No.3588 of 2017 01.03.2017 https://hcservices.ecourts.gov.in/hcservices/