M.Karmegam, S/O.Mayalagu v. Tamil Nadu State Transport

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 22.03.2017 Coram THE HON'BLE MR.JUSTICE S.S.SUNDAR Writ Petition (MD)No.4835 of 2017 M.Karmegam ... Petitioner -Vs1. The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Represented by its Managing Director, Kumbakonam.

2. The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Karaikudi Region, Karaikudi.

3. The Administrator, Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.

... Respondents Prayer :

Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to pay entire eligible terminal benefits payable to the petitioner including Gratuity, Provident Fund, Commuted Value of Pension, Terminal Leave Salary and Refund of Engineering, Medical and Polytechnic Colleges and Contribution of Road Transport Institute amount together with interest at the rate of 18% per annum from the date of his retirement to till the date of payment within the time that may be stipulated by this Court. For petitioner : Mr.A.Rahul For Respondents : Mr.D.Sivaraman Standing Counsel

O R D E R

The petitioner was employed as Conductor in the respondents Corporation and he retired from service on 31.10.2016, on reaching the age of superannuation.

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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 matters, 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 (CS-III) /True Copy/ Sub Assistant Registrar + 1 CC TO Mr.D.SIVARAMAN, ADVOCATE IN SR No. 16771 + 1 CC TO Mr.A.RAHUL, ADVOCATE IN SR No. 16847 AKV TE/JC/SAR-IV : 17/04/2017 : 2P/3C Writ Petition (MD)No.4835 of 2017 22.03.2017 https://hcservices.ecourts.gov.in/hcservices/