P.Subbulaskhmi, Canteen Helper v. The Managing Director,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :12.04.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).No.6645 of 2017 P.Subbulakshmi, .. Petitioner Vs.

1.The Managing Director, Thiruvalluvar Illam,Pallavan Salai, 2.The Administrator, Tamilnadu State Transport Corporation Employees, Pension Fund Trust, Thiruvalluvar Illam,Pallavan Salai, 3.The Branch Manager, Thoothukudi Branch, Thoothukudi.

.. Respondent PRAYER : Writ petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to pay the Employees Provident Fund, Commutation of Pension arrears, Encashment of Leave, Social Security Schemes benefits (SSS) and Medical Engineering and Polytechnic College Contributions to the petitioner with 18% interest per annum to the petitioner within a time frame as may be fixed by this Hon'ble Court.

For Petitioner : Mr.G. Vellaichamy For Respondents : Mr.K.Sathiya Singh, Standing Counsel

O R D E R

The petitioner was employed as Canteen Helper in the respondents' Corporation and She retired from service on 28.02.2015, on reaching the age of superannuation. 2.She 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. 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 June 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( CS ) /TRUE COPY/ Sub Assistant Registrar KM/MR To 1.The Managing Director, Thiruvalluvar Illam, Pallavan Salai,

2.The Administrator, Tamilnadu State Transport Corporation Employees, Pension Fund Trust, Thiruvalluvar Illam,Pallavan Salai, 3.The Branch Manager, Thoothukudi Branch, Thoothukudi.

+1 cc to MR.K.SATHIYA SINGH, ADVOCATE, SR NO: 51669 JAM/10.05.17/MSA/SAR 3 3P-5C ORDER MADE IN W.P.(MD).No.6645 of 2017 12.04.2017