A.Ambujan, v. State Express Transport

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.04.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).No.7470 of 2017 A.Ambujan .. Petitioner Vs.

State Express Transport Corporation (Tamil Nadu) Ltd., Rep. by its Managing Director, Thiruvalluvar Illam, Pallavan Salai, Chennai - 600 002.

..Respondent PRAYER : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to pay the terminal benefits amount payable to the petitioner including Difference in Gratuity and difference in unavailed leave Salary together with the 18% interest and all other attendant benefits to him within the stipulated period. For Petitioner : Mr.A.Rahul For Respondents : Mr.K.Sathiya Singh, Standing Counsel for T.N.S.T.C., ***

O R D E R

The petitioner was employed as Selection Grade Senior Assistant Engineer in the respondent Corporation and he retired from service on 31.05.2016, on reaching the age of superannuation. 2.He has filed this writ petition seeking for a direction to the respondent 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 respondent has no objection to pass similar orders passed by this Court earlier following the order of the Hon'ble Division Bench.

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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. Likewise, if the petitioner has any grievance that he is entitled to interest for the amount already settled, he can agitate the same as per law, if he is entitled. No costs.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To +1cc to M/s. K.SATHIYA SINGH Advocate in SR. No.53257 +1cc to M/s. A.K.THANGAVELU Advocate in SR. No.53285 PMU JS/MR/18.05.2017/2P-3C ORDER MADE IN W.P.(MD).No.7470 2017 21.04.2017 https://hcservices.ecourts.gov.in/hcservices/