T.Rajeswari, v. The Tamilnadu State Transport
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.09.2016
CORAM
THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD)No.17500 of 2016 T.Rajeswari .. Petitioner Vs.
1.The Tamil Nadu State Transport Corporation (Madurai) Ltd., Represented by its Managing Director, Bye Pass Road, Madurai - 625 016.
2.The General Manager, The Tamil Nadu State Transport Corporation (Madurai) Ltd., Virudhunagar Region, Virudhunagar.
3.The Administrator, The Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 600 002.
.. 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 setlle death cum terminal benefits of the petitioner's husband Late Sahadevan to her including Gratuity, earned leave salary, Provident fund and dearness allowance arrears on family pension and all other attendant benefits together with interest at the rate of 18% per annum from the date of death of her husband while in service of the first respondent corporation to till the date on which the above benefits are settled to the petitioner.
For Petitioner : Mr.A.Rahul For R1 & R2 : Mr.D.Sivaraman For R3 : Mr.A.P.Muthupandian *****
O R D E R
The petitioner's husband was employed as Foreman in the respondent Corporation and he died on 05.12.2015 due to illness. 2.The petitioner has filed this writ petition seeking for a direction to the respondents to pay the retirement benefits of her husband.
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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's husband to 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 November, 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, 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-I) /True Copy/ Sub-Assistant Registrar To
1. The Managing Director, The Tamil Nadu State Transport Corporation (Madurai) Ltd., Bye Pass Road, Madurai - 625 016.
2.The General Manager, The Tamil Nadu State Transport Corporation (Madurai) Ltd., Virudhunagar Region, Virudhunagar.
3.The Administrator, The Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 600 002. rj2 RL/4C/2P/CK/1.11.2016 W.P(MD)No.17500 of 2016 https://hcservices.ecourts.gov.in/hcservices/ 26.09.2016