M.Selvi, W/O.S.Muniyandi v. The Management Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.11.2016

CORAM:

THE HONOURABLE DR.JUSTICE S.VIMALA W.P(MD)No.16798 of 2016 M.Selvi : Petitioner Vs.

The Management of Tamilnadu State Transport Corporation (Madurai) Ltd, Dindigul Region, rep. by its General Manager, Dindigul.

: Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent to pay the petitioner Rs.9,68,262/- towards Gratuity and Rs.2,23,301/- towards Leave Salary together with 18% interest per annum within a time frame as may be fixed by this Court.

For Petitioner : Mr.R.Murugan For Respondent : Mr.A.Jayaraman

O R D E R

You can be young without money but you can't be old without it. ..Tennessee Williams So pleads the petitioner, praying for disbursement of retirement benefits.

2.The husband of the petitioner was employed as Inspector in the respondent Corporation and he retired from service on 31.01.2016 on reaching the age of superannuation. 3.The petitioner has filed this writ petition seeking for a direction to the respondent to pay the retirement benefits of her husband.

4.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.

https://hcservices.ecourts.gov.in/hcservices/ 5.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 husband 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 the First Week of January, 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, she is entitled to receive. Likewise, if the petitioner has any grievance that she is entitled to interest for the amount already settled, she can agitate the same as per law, if she is entitled. No costs. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To The General Manager, Management of Tamilnadu State Transport Corporation (Madurai) Ltd, Dindigul Region, Dindigul.

+1cc to Mr.R.Murugan, Advocate in SR No.67790 W.P(MD)No.16798 of 2016 SMN ANR/CK/14.12.2016/2P/3C https://hcservices.ecourts.gov.in/hcservices/