A.Shajahan, S/O. Abdul, v. The Management Of State
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.03.2017
CORAM
THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).No.4560 of 2017 A.Shajahan .. Petitioner Vs.
1.The Management of State Express Transport Corporation(Tamilnadu)ltd, Rep.By its Managing Director, Pallavan Salai, Chennai-2.
2. The Administrator, Tamil Nadu State Transport Employees Pension Fund Trust, Anna Salai, Chennai-2. .. Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to pay the petitioner Rs.1,10,736/-towards Leave Salary, together with 18% interest per annum, along with interest amount towards the delayed payment of Gratuity amount Rs.3,69,913/- for the period from 01.07.2012 to 16.12.2013 as per Sec.7(3A) of the Payment of Gratuity Act and further directing the respondents to pay him interest amount towards the delayed payment of Pension Commutation amount Rs.2,25,000/- for the period from 01.07.2012 to 30.10.2013 at the rate of 18% interest, within a time frame as may be fixed by this Court.
For Petitioner : Mr.S.Arunachalalm For R-1 : Mr.K.Sathiya Singh Standing Counsel for TNSTC For R-2 : Mr.A.P.Muthupandian Standing Counsel for TNSTC ***
O R D E R
The petitioner was employed as Tradesman in the respondents Corporation and he retired from service on 30.06.2012, on reaching the age of superannuation.
2.He has filed this writ petition seeking for a direction to the respondents to pay the retirement benefits. https://hcservices.ecourts.gov.in/hcservices/ 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 installments 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 installments. The learned Standing Counsel for the respondents has no objection to pass similar orders passed by this Court earlier following the order of the Hon'ble Division Bench.
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 installments; ii)The first installment shall commence by making payment on or before 10th of May 2017 and the amount in each of the remaining installments 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 installments, 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(P & A) /True Copy/ Sub Assistant Registrar To 1.The Managing Director, The Management of State Express Transport Corporation(Tamilnadu)ltd, Pallavan Salai, Chennai-2.
2.The Administrator, Tamil Nadu State Transport Employees Pension Fund Trust, Anna Salai, Chennai-2.
+1cc to M/s. K.SATHIYA SINGH Advocate in SR. No.15629 +1cc to M/s. S.ARUNACHALAM Advocate in SR. No.15924 PMU JS/KP/SAR.2/6/04/2017/2P-5C ORDER MADE IN W.P.(MD).No.4560 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 17.03.2017