S.Pandiammal, W/O.R.Arujunan v. The Tamil Nadu State Transport
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2017 CORAM :
THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD) No.8072 of 2017 S.Pandiammal ... Petitioner Vs.
1. The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Rep.by its Managing Director, New Railway Station Road, Kumbakonam, Thanjavur District.
2. The General Manager, The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Karaikudi Region, Karaikudi.
3. The Administrator, Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
... Respondents Prayer:Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to settle the petitioner's retirement benefits including Commutation, Gratuity, Provident Fund, IRT Refund and Leave Settlement etc., with interest at the rate of not less than 10% from the date when the same became due i.e., from 28.02.2017 till the date of actual payment to him her within the time that may be stipulated by this Court.
For Petitioner : Mr.B.Santhanam Rajeshkumar For R1 and R2 : Mr.D.Sivaraman Standing Counsel for TNSTC For R3 : Mr.A.P.Muthupandian Standing Counsel for TNSTC *****
O R D E R
The petitioner was employed as "Superintendent" in the respondents Corporation and she retired from service on 28.02.2017, on 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(RTI) /True Copy/ Sub Assistant Registrar
To
1. The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., New Railway Station Road, Kumbakonam, Thanjavur District.
2. The General Manager, The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Karaikudi Region, Karaikudi.
3. The Administrator, Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
+1cc to Mr.D.Sivaraman, Advocate Sr.No.54627 +1cc to Mr.B.Santhanam Rajeshkumar, Advocate Sr.No.54601 cmr/gsp vb/mms/sar4/01.06.2017/3p/6c W.P.(MD) No.8072 of 2017 27.04.2017