Madras High CourtWP(MD)/16789/2016disposed of

G.Natesan S/O Ganapathy v. The General Manager

2016-10-17Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.10.2016

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD)No.16789 of 2016 G.Natesan .. Petitioner Vs.

1.The General Manager, Tamil Nadu State Transport Corporation Ltd., Head Office, Periyamilaguparai, Trichy - 1.

2.The Managing Director, Tamil Nadu State Transport Corporation Ltd., Railway Station Road, Kumbakonam, Thanjavur District.

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

(R2 and R3 amended as per order of this Court dated 17.10.2016 in WMP(MD)No.

12380 of 2016) .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of mandamus directing the respondents to consider the representation of the petitioner dated 16.08.2016 and settle all the retirement benefits lawfully payable to the petitioner and also to make the monthly pension payable to the petitioner.

For Petitioner : Mr.V.Singan For R1 and R2 : Mr.D.Sivaraman For R3 : Mr.A.P.Muthupandian

O R D E R

The petitioner was employed as Driver in the respondents Corporation and he retired from service on 30.06.2016. https://hcservices.ecourts.gov.in/hcservices/ 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 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. 4.In these circumstances, the 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 First week of December, 2016, 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(CSII) /True Copy/ Sub Assistant Registrar rj2 +1cc to Mr.D.Sivaraman,Advocate Sr.No.60915 +1cc to Mr.V.Singan,Advocate Sr.No.61039 JAM/08.11.16/GSV-PM/2p-3c W.P(MD)No.16789 of 2016 https://hcservices.ecourts.gov.in/hcservices/ 17.10.2016