S. Velusamy, Staff No.J03941, v. The Managing Director,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.09.2018

CORAM:

THE HONOURABLE Mr.JUSTICE S.VAIDYANATHAN W.P.(MD)No.20561 of 2018 S.Velusamy ...

Petitioner Vs.

1.The Managing Director, Tamilnadu State Transport Corporation, Coimbatore Limited., 37, Mettupalayam Road, Coimbatore - 641 043.

2.The General Manager, Tamilnadu State Transport Corporation, Coimbatore Limited, Erode Region, Sennimalai Salai, Erode District.

...

Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to pay the retirement benefits with interest to the petitioner in view of the representation dated 20.08.2018.

For Petitioner : Mr.S.Royce Immanuel For Respondents : Mr.K.Sathiyasingh

O R D E R

The Writ Petition has been filed praying to issue a Writ of Mandamus, directing the respondents to pay the retirement benefits with interest to the petitioner in view of the representation dated 20.08.2018.

2. The grievance of the petitioner is that even though he has retired from the services of the respondent Transport Corporation, till date his terminal benefits have not been settled. In this regard, he has also submitted a representation to the respondents. Since there was no response, the petitioner is before this Court by way of the present writ petition.

3. Heard the learned counsel for the petitioner and the learned counsel for the respondents.

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4. Since the issue is squarely covered by various orders passed

by this Court, in the light of the Division Bench judgment in W.A. (MD) Nos.383 to 457 of 2015, dated 12.6.2015 (K.Rajendran and others v. The Tamil Nadu State Transport Corporation (Madurai) Limited represented by its Managing Director, Madurai and others), this writ petition is disposed of with a direction to the respondents to settle the entire terminal benefits due and payable to the petitioner through twelve equal monthly instalments carrying interest of 6% p.a. The instalments should commence from November, 2018 and each of the instalments should be paid on or before 10th of each month. In case of any delay in the payment of the instalments, the interest payable would become 18% p.a. for the delayed period apart from any other remedy which may be available to the petitioner for such non-payment of the instalments.

5. 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 amount already settled, he can agitate the same as per law, if he is entitled to. No costs.

Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar(CS-II) To 1.The Managing Director, Tamilnadu State Transport Corporation, Coimbatore Limited., 37, Mettupalayam Road, Coimbatore - 641 043.

2.The General Manager, Tamilnadu State Transport Corporation, Coimbatore Limited, Erode Region, Sennimalai Salai, Erode District.

• 1 CC TO Mr.K.Sathiyasingh , ADVOCATE IN SR No.87854. • + 1 CC TO Mr.S.Royce Immanuel , ADVOCATE IN SR No. 86998. MPK DS SV SAR2 12 11 2018 2P 5C W.P.(MD)No.20561 of 2018 27.09.2018 https://hcservices.ecourts.gov.in/hcservices/