S.Masilamani, v. The Management Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.03.2017
CORAM
THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P(MD)No.5275 of 2017 S.Masilamani ..Petitioner Vs 1.The Management of Tamilnadu State Transport Corporation (Kumbakonam) Ltd., Karaikudi Region, Rep. by its General Manager, Karaikudi.
2.The Administrator, Tamil Nadu State Transport Employees Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai - 2.
..Respondents.
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to pay the petitioner Rs.3,71,910/- towards Gratuity and Rs.7,624/- towards Leave Salary together with 18% interest per annum, along with interest amount towards the delayed payment of EPF Employee's Contribution amount of Rs.91,724/- for the period from 31.08.2014 to 23.03.2015 at the same rate and further directing the respondents to pay him Rs.1,58,714/- towards the Pension Commutation and also arrears of pension for the period from 01.09.2014 by revising his pension, together with 18% interest per annum, after calculating all his terminal/pension benefits based on the monthly wages payable to him on the month of his retirement i.e., August, 2014 by revising the same as per the settlement dated 13.04.2015, as ordered by the Hon'ble Division Bench of this Court in its order dated 29.01.2016 in W.A.(MD) No.1457 of 2015 and etc., batch.
For Petitioner :Mr.S.Arunachalam For 1st Respondent :Mr.D.Sivaraman For 2nd Respondent :Mr.A.P.Muthupandian
ORDER
The petitioner has approached this Court seeking a direction to the respondent to pay the petitioner Rs.3,71,910/- towards
Gratuity and Rs.7,624/- towards Leave Salary together with 18% interest per annum, along with interest amount towards the delayed payment of EPF Employee's Contribution amount of Rs.91,724/- for the period from 31.08.2014 to 23.03.2015 at the same rate and further directing the respondents to pay him Rs.1,58,714/- towards the Pension Commutation and also arrears of pension for the period from 01.09.2014 by revising his pension, together with 18% interest per annum, after calculating all his terminal/pension benefits based on the monthly wages payable to him on the month of his retirement i.e., August, 2014 by revising the same as per the settlement dated 13.04.2015, as ordered by the Hon'ble Division Bench of this Court in its order dated 29.01.2016 in W.A.(MD) No.1457 of 2015 and etc., batch.
2.Mr.D.Sivaraman, the learned Standing Counsel takes notice for the 1st respondent and Mr.A.P.Muthupandian, the learned Standing Counsel takes notice for the 2nd respondent. By consent of both sides, this Writ Petition itself is taken up for disposal at the time of admission itself.
3.According to the learned Standing Counsel for the respondents, he has no objection for the relief to be granted to the petitioner in view of the fact that a Division Bench of this Court in W.A.(MD) Nos.383 to 457 of 2015 dated 12.06.2015 has passed orders directing 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, in default to pay 18% interest for the defaulted period of installments.
4.A learned Single Judge of this Court has also passed identical orders in W.P.(MD) No.21112 of 2016 dated 04.11.2016. 5.In these circumstances, this Writ Petition is disposed of with the following directions:
(i) The Transport Corporation is directed to settle the terminal benefits to the petitioner that are yet to be settled by 12 equated monthly installments, which shall be commenced from May, 2017.
(ii) The said payment shall carry interest at 6% per annum from the date of retirement till date of actual payment. In case there is any delay in making installments, the interest payable could be 18% for the delayed period.
(iii) 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.
6.There shall be no order as to costs.
Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To 1.The Management of Tamilnadu State Transport Corporation (Kumbakonam) Ltd., Karaikudi Region, Rep. by its General Manager, Karaikudi.
2.The Administrator, Tamil Nadu State Transport Employees Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai - 2.
+1cc to M/S.D.SIVARAMAN, Advocate SR.No.18468 +1cc to M/S.S.ARUNACHALAM, Advocate SR.No.18583 W.P(MD)No.5275 of 2017 JM/SV MMS/SAR 4/19.04.2017/3P/5C