Akbar, S/O.Ariff, v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.04.2017
CORAM
THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).No.7355 of 2017 Akbar .. Petitioner Vs.
1. The Managing Director, Tamil Nadu State Transport Corporation (KUM) Ltd., New Railway Station Road, Kumbakonam, Thanjavur District, 612 001.
2. The General Manager, Tamil Nadu State Transport Corporation (KUM) Ltd., Karaikudi Region, Sivagangai District.
3. The Administrator, Tamilnadu State Transport Corporation Employees Pensions Fund Trust, Tiruvalluvar Illam, Pallavan Salai, Chennai - 2.
.. Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to disburse the petitioner retirement benefits with interest namely Provident Fund, Gratuity, Commutation, Leave Salary and other amounts.
For Petitioner : Mr.K.Gokul For Respondents 1&2 : Mr.D.Sivaraman Standing Counsel For Respondent 3 : Mr.A.P.Muthupandian Standing Counsel
O R D E R
The petitioner was employed as "Ticket Checking Inspector " in the 1st respondent Corporation and he retired from service on 31.01.2017, on reaching the age of superannuation. 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 https://hcservices.ecourts.gov.in/hcservices/
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, he is entitled to receive.
Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To
1. The Managing Director, Tamil Nadu State Transport Corporation (KUM) Ltd., New Railway Station Road, Kumbakonam, Thanjavur District, 612 001.
2. The General Manager, Tamil Nadu State Transport Corporation (KUM) Ltd., Karaikudi Region, Sivagangai District.
3. The Administrator, Tamilnadu State Transport Corporation Employees Pensions Fund Trust, Tiruvalluvar Illam, Pallavan Salai, Chennai - 2. +1 cc to Mr.K.Gokul, Advocate, SR.No.53229 +1 cc to Mr.D.Sivaraman, Advocate, SR.No. 52947 ORDER MADE IN W.P.(MD).No.7355 of 2017 20.04.2017 VSA MKV-SKN/3.5.2017/2P-6C https://hcservices.ecourts.gov.in/hcservices/