U.Mookkaiah v. The Principal Secretary Cum
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.10.2016
CORAM
THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD)No.19036 of 2016 U.Mookkaiah .. Petitioner Vs.
1. The Principal Secretary cum Chairman of State Transport Undertaking, Transport Department, Fort St.George, Chennai.
2. The Tamil Nadu State Transport Corporation, Madurai Ltd., Rep. By its Managing Director, Bye Pass Road, Madurai.
3. The Tamil Nadu State Transport Corporation, Madurai Division, Rep. By its General Manager, Bye Pass Road, Madurai.
4. The Administrator, The Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 18.08.2016 and to settle his retirement benefits including gratuity, provident fund, commuted value of pension and unavailed leave salary with all other attendant benefits along with interest at the rate of 18% per annum within a stipulated time.
For Petitioner : Mr.K.Viralinathan For R1 : Mr.V.Pandi Government Advocate For R2 to R4 : Mr.A.P.Muthupandian *****
O R D E R
The petitioner was employed as Conductor in the respondents Corporation and he retired from service on 30.06.2016. 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 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. 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 First 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;
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(C.S-II) /TRUE COPY/ Sub Assistant Registrar To
1. The Principal Secretary cum Chairman of State Transport Undertaking, Transport Department, Fort St.George, Chennai.
2. The Tamil Nadu State Transport Corporation, Madurai Ltd., Rep. By its Managing Director, Bye Pass Road, Madurai.
3. The Tamil Nadu State Transport Corporation, Madurai Division, Rep. By its General Manager, Bye Pass Road, Madurai.
4. The Administrator, The Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
+1cc to M/S.K.Viralinathan, Advocate in SR.No.58254. +1cc to Special Government Pleader in SR.No.59371. W.P(MD)No.19036 of 2016 04.10.2016 rj2 msm/ck/sar-1/26.10.16/p3/7c