V.Pushparaj, S/O.Visvalingam v. The Tamil Nadu State Transport
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2017
CORAM
THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).No.8335 of 2017 V.Pushparaj, S/o.Visvalingam, Special Grade Driver(Retired), Staff No.86DR4224, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Pudukottai Region.
.. Petitioner Vs.
1. Tamilnadu State Transport Corporation (Kumbakonam) Ltd., Rep. by its Managing Director, Kumbakonam.
2. The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Pudukottai Region, Pudukottai.
3. The Administrator, The Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House, Pallvan Salai, Chennai - 600 002. .. Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to pay entire eligible terminal benefits payable to the petitioner including Provident Fund, Gratuity, Leave Salary, Post retirement benefit fund amount for three months and Commuted value of pension together with interest at the rate of 18% per annum from the date of his retirement to till the date of payment within the time that may be stipulated by this Court.
For Petitioner : Mr.A.Rahul For Respondents : Mr.D.Sivaraman, Standing Counsel for T.N.S.T.C.,
O R D E R
The petitioner was employed as Special Grade Driver, in the respondents 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 July 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(AE) /True Copy/ Sub-Assistant Registrar To
1. Tamilnadu State Transport Corporation (Kumbakonam) Ltd., Rep. by its Managing Director, Kumbakonam.
2. The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Pudukottai Region, Pudukottai.
3. The Administrator, The Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House, Pallvan Salai, Chennai - 600 002.
+One cc to Mr.A.Rahul, Advocate, SR.No.55275 +One cc to Mr.D.Sivaraman, Advocate, SR.No.55078 pmu RL/6C/2P/MR/SAR3/17.5.2017 ORDER MADE IN W.P.(MD).No.8335 of 2017 ( 3/ 3) https://hcservices.ecourts.gov.in/hcservices/ Dated:- 28.04.2017