R.Prakash, v. The Management Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2017
CORAM
THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).No.8507 of 2017 R.Prakash .. Petitioner Vs.
1. The Management of Tamilnadu State Transport Corporation (Kumbakonam) Ltd., Rep. by its Managing Director, Kumbakonam.
2. The Administrator, Tamil Nadu State Transport Employees Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai - 2.
.. Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to pay the petitioner Rs.8,97,706/- towards Gratuity and Rs.5,26,644/- towards encashment of 373 days of Earned Leaves and 1.5 days of Sick Leaves, together with 18% interest per annum, along with interest amount towards the delay in payment of EPF Employee's Contribution amount Rs.6,38,383/- for the period from 31.01.2017 to 20.01.2018 at the same rate and further directing the respondents to pay him Rs.2,95,530/- towards the Pension Commutation together with 18% interest per annum, within a time frame as may be fixed by this Court.
For Petitioner : Mr.S.Arunachalam For R-1 : Mr.D.Sivaraman, Standing Counsel for T.N.S.T.C., ***
O R D E R
The petitioner was employed as Office Assistant 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 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 https://hcservices.ecourts.gov.in/hcservices/
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(Admin I) /True Copy/ Sub Assistant Registrar To
1. The Managing Director, Tamilnadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam.
2. The Administrator, Tamil Nadu State Transport Employees Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai - 2.
+1cc to M/S.S.Arunachalam,Advocate,SR.55091 +1cc to M/S.D.Sivaraman,Advocate,SR.No.55085 W.P.(MD).No.8507 of 2017 28.04.2017 PMU kk/MMS/SAR3-12.05.2017-2P-5C https://hcservices.ecourts.gov.in/hcservices/