Madras High CourtWP(MD)/19928/2016disposed of

P.Maheswari, v. The Managing Director,

2017-12-21Honourable Mr Justice P.D.Audikesavalu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.10.2016 CORAM :

THE HON'BLE Dr.JUSTICE S.VIMALA W.P(MD)No.19928 of 2016 P.Maheswari ... Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation Tirunelveli Limited, Tirunelveli - 627 003.

2.The General Manager, The Tamil Nadu State Transport Corporation, Tirunelveli Limited, Nagercoil Region, Ranithottam, Nagercoil - 1.

... Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents to pay the retirement benefits with interest to the Petitioner in view of the representation dated 27.09.2016. For Petitioner : Mr.S.Royce Immanuel For Respondents : Mr.S.Sathiyasingh

O R D E R

You can be young without money but you can't be old without it. ..Tennessee Williams The petitioner was employed as FNA (Female Nursing Assistant) Level 6 in the respondent corporation and she retired from service on 31.05.2016 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 12 equal monthly https://hcservices.ecourts.gov.in/hcservices/

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 that are yet to be settled, in twelve equal monthly installments. (ii)The first installment shall commence by making payment on or before 1st week of December, 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.

5.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 (Records) /True copy/ Sub Assistant Registrar To 1.The Managing Director, Tamil Nadu State Transport Corporation Tirunelveli Limited, Tirunelveli - 627 003.

2.The General Manager, The Tamil Nadu State Transport Corporation, Tirunelveli Limited, Nagercoil Region, Ranithottam, Nagercoil - 1. +1 CC to M/s.S.ROYCE EMMANUEL, Advocate, SR No.62398 +1 CC to Mr.K.SATHIYA SINGH, Advocate, SR No.61716 mj SH/KM:16.11.2016:2P/5C W.P(MD)No.19928 of 2016 19.10.2016 https://hcservices.ecourts.gov.in/hcservices/